Freedom of Information Act

Section 1- Right of Access to Records;

Guarantees the right of access to information whether written or not that is in the custody or possession of any public official, Agency, Institution. An applicant under the Act needs not demonstrate any specific interest in the information being applied for.

Section 2- Information about Public Institution;

Imposes a proactive disclosure obligation on every Public Institution. It outlines the kind of information to be published. The section also requires public institution to ensure that it records and keeps information about all its activities, operations and businesses.

Section 3- Request for access to records;

Prescribes the procedure for accessing government held records and information. By virtue of Section.3 (3), a disabled person or an illiterate person can apply for information through a 3rd party.

Section 4- Time for granting or refusing application;

Gives seven (7) days’ time line within which to respond to requests with provisions for a further extension of seven (7) more days and no more!

Section 5-Transfer of application;

Mandates transfer of application, where requests cannot be handled by one Public Institution because another has a “greater interest; it enjoins the Public Institution to within 3 days, not later than 7 days transfer the request to the relevant Public Institution. A written notice of transfer must be given to the Applicant.

Section 6- Extension of time limit for granting or refusing application;

Allows for extension of time limit set out in section 5 in respect of application for a time not exceeding 7 days by Public Institutions if; requested information is for large number and consultation will be required to discharge the obligation.

Section 7- Where access is refused;

The Public Officer denying a request for information must state his particulars in the letter notifying the Applicant of denial and notify the applicant that he/she has the right to challenge the decision refusing access to information in court. Cite Sections supporting denial whole or part. Where wrongful denial is established the Institution or officer commits an offence and are liable on conviction to a fine of=N=500.000.00

Section 8-Fees chargeable for duplication of records;

Authorizes the schedule of fees chargeable for duplication of records under the Act.

Section 9- Record keeping and maintenance of records;

Enjoins all Public Institutions to keep and manage records and information in a manner that facilitate public access to them.

Section 10-Destruction or falsification of records;

Makes it a criminal offence to willfully destroy any record or information kept in of a Public Institution or attempt to doctor or alter such before they are released to the Applicant – minimum of I year imprisonment No limit to maximum sentence.

Section 13-Training of Officials on Right to information;

Public Institution must ensure provision of appropriate training for its officials on public right to access information and records held by the Institution.

Sections 11-19 -Exemptions; ~

Under the Act are covered by Section 11-19, (excluding section 13 and 18). Exemptions under the Act are generally of two type, Absolute and Qualified.

These Exemptions cover: –

International Affairs and National Defense
Law Enforcement and Investigation
Personal Information
Trade Secret
Professional and Others
Course or Research materials.
Scoring Keys, Library, Circulars

Section 18;

Notwithstanding any other provision of this Act, where an application is made to a public institution for information which is exempted from disclosure by virtue of this Act, the institution shall disclose any part of the information that virtue does not contain such exempted information.

Section 20-Judicial review;

Provides for judicial review where information is denied and such review is summary in nature, section 21. High Courts or Federal High Courts have Jurisdiction on FOI cases.

Section 21-Hearing in a summary way;

FOIA cases in Courts are to be heard and determined in a summary way.

Section 22- Access to information by the Court;

Gives Courts access to Information. In the course of proceedings with respect to information needed by any public institution not to be withheld from court on any ground.

Section 23- Court to take precautions against disclosing information;

To avoid disclosure by court or any person of any information or other materials on basis of which any public institution will be authorized to disclose the information applied for.

Section 24- Burden of proof;

An any proceeding before the court the burden of establishing that the public institutions is authorized to deny an application shall be on the public institutions.

Section 25: Order to disclose information;

Where an FOI application is denied by a Public Institution, the Court can order the institution to disclose the information or part of the information – if it is determined by the Court that the information was not to be denied or refused by the Public Institution.

Section 26: Exempted Materials;

The Act does not apply to:

Published materials or materials available for purchase by the public.
Library or Museum Materials.
Materials placed in the National Library, National Museum.

Section 27: Protection of public officers;

Provide immunity for Public Officers against civil or criminal proceedings.

Section 28: Documents under Classification;

The fact that information in custody of public institutions are kept under security classification does not preclude it from been disclosed under the Act. In any case Public Institutions are expected to be guided by the exemption Sections of the Act.

Section 29: Oversight responsibilities;

The AGF’s and the Ministry of Justice oversight responsibilities under the FOLA are captured in Section 29. Both the Ministry and the AGF are to oversee and ensure strict and effective compliance with the provisions of the Act by all Public Institutions.

Section 30: Complimentary procedures;

The FOIA is intended to compliment and not to replace existing procedure for access to public records and information and is not to limit in any way access to information.