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Debate Rages Over Proposed Amendments to Freedom of Information Act in Nigeria

ABUJA, NIGERIA – A crucial technical session has begun in Nigeria’s capital, Abuja, bringing together civil society, media, and legal experts to scrutinise proposed amendments to the country’s Freedom of Information (FOI) Act of 2011. The two-day gathering, supported by the European Union, highlights a growing debate over whether the changes will strengthen or weaken citizens’ right to access public information.

The FOI Act, enacted 14 years ago after a prolonged advocacy campaign, was hailed as a landmark commitment to transparency and accountability. However, as Lanre Arogundade, Executive Director of the International Press Centre (IPC), noted in his welcome address, the need for amendments has become a “reality we must contend with.” He stressed that access to information remains the “oxygen of democracy” and that political office holders often prioritise personal interests over public disclosure.

Concerns are particularly high regarding the Act’s implementation and enforcement. Dr. Akin Akingbulu, Executive Director of the Centre for Media and Society (CEMESO), highlighted the prevailing challenges, recounting an incident where a journalist seeking a local government’s budget breakdown was met with a warning rather than information. He questioned why many government ministries, departments, and agencies (MDAs) remain silent on FOI requests, why no public institution has been sanctioned for violations, and why citizens are often forced to resort to legal action for basic information.

A key issue is the low compliance rate among public institutions, with defaulting MDAs often escaping scrutiny because their details are not consistently reflected in annual reports submitted to the National Assembly. Participants also pointed to the need to revisit and strengthen sanctions for deliberate non-disclosure and damage to public records, and to ensure MDAs are adequately resourced to meet their FOI obligations, including capacity building.

The Supreme Court’s recent ruling, affirming that the FOI Act applies to all levels of government without needing “domestication” by states, adds another layer of complexity, meaning any amendments must consider all three tiers of government.

The Policy and Legal Advocacy Centre (PLAC), another EU-SDGNII partner, underscored the importance of approaching any review with “utmost care, deliberation, and public interest at heart.” Nkiru Uzodi, PLAC’s Programme Manager for Legislative/Gender Issues, urged that discussions remain guided by three core principles: preserving the spirit of the FOI Act, strengthening enforcement and accountability, and ensuring inclusive stakeholder engagement.

The collective aim of the session, which includes prominent figures like Edetaen Ojo, widely known as “Mr. FOI” for his long-standing advocacy, is to produce a robust position paper. This document is intended to reflect a shared commitment to transparency, safeguard access to information, and set a clear standard for how FOI reporting and compliance mechanisms should operate in a modern democracy, preventing any regression of the hard-won right to know.

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