Free access to information is one of the expectations of citizens from a responsible, responsive, accountable and transparent government in a democratic civil society. The Freedom of Information Act, 2011-herein after referred to as the FOIA- was passed and or enacted into law by the National Assembly and assented to by the Federal Government of Nigeria, which is now called the FOIA, 2011.

The Freedom of Information Act, 2011-herein referred to as FOIA- by its Long Title, is ‘An Act to make public records and information more freely available, provides for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes and; for related matters’. By Section 13 of the Act, ‘Public Institution must ensure provision of appropriate training for its officials on public right to access information and records held by the Institution’. Unfortunately, a number or some of the public institutions have not established a front desk office or Freedom of Information Desk Office (FOI Desk Office) to manage such issues relating to the Freedom of Information Act and the Rules thereto, hence, this failure has generated non-compliance at some quarters of the public institutions, to the best of my knowledge and experiences. Hence, this paper recommends that those public institutions as defined under the FOIA that have not complied to earnestly comply and effectively as well as efficiently manage its performances. Hence, this paper.

In my humble submission, FOI is a foundation for open Government and helps in the fight against corruption. Therefore, Section 2 (1) to (4) of the FOIA mandates public institutions to carry out the obligations/duties/responsibilities in the following words

‘2. (1) A public institution shall ensure that it records and keeps information about all its activities, operations and businesses.

(2) A public institution shall ensure the proper organization and maintenance of all information in its custody in a manner that facilitates public access to such information.

(3) A public institution shall cause to be published in accordance with subsection (4) of this section, the following information-

(a) A description of the organization and responsibilities of the institution including details of the programmes and functions of each division, branch and department of the institution;

(b) A list of all –

(I) Classes of records under the control of the institution in sufficient detail to facilitate the exercise of the right to information under this Act, and

(ii) Manuals used by employees of the institution in administering or carrying out any of the programmers or activities of the institution;

(c) a description of documents containing final opinions including concurring and dissenting opinions as well as orders made in the adjudication of cases;

(d) documents containing –

(i) Substantive rules of the institution,

(ii) statements and interpretations of policy which have been adopted by the institution,

(iii) final planning policies, recommendations, and decisions;

(iv) factual reports, inspection reports, and studies whether prepared by or for the institution;

(v) information relating to the receipt or expenditure of public or other funds of the institution;

(vi) The names, salaries, titles, and dates of employment of all employees and officers of the institution;

(vii) the rights of the state, public institutions, or of any private person(s);

(viii) the name of every official and the final records of voting in all proceedings of the institution;

(e) a list of-

(i) files containing applications for any contract, permit, grants, licenses or agreements,

(ii) reports, documents, studies, or publications prepared by independent contractors for the institution, and

(iii) materials containing information relating to any grant or contract made by or between the institution and another public institution or private organization;

(f) the title and address of the appropriate officer of the institution to whom an application for information under this Act shall be sent, provided that the failure of any public institution to publish any information under this subsection shall not prejudicially affect the public’s right of access to information in the custody of such public institution.

(4) A public institution shall ensure that information referred to in this section is widely disseminated and made readily available to members of the public through various means, including print, electronic and online sources, and at the offices of such public institutions.’ (Underlining is mine for emphasis).

Also, section 2(5) of the FOIA mandates every public institution to always update and review information required to be published under the section periodically, and immediately whenever changes occur in the following words

‘(5) A public institution shall update and review information required to be published under this section periodically, and immediately whenever changes occur. (Underlining is mine for emphasis). The word ‘update’ as used in the above subsection, is defined by the Oxford Advanced Learner’s Dictionary, 6th Edition, at page 1317 in the following words

‘to give somebody or something the most recent information about something; to add the most recent information to something’. While the word ‘review’ is defined by the same Dictionary thus

‘to carefully examine or consider something again, especially so that you can decide if it is necessary to make changes’.

Furthermore, section 9 of the FOIA also mandates every public institution to keep records and maintain same in the following words

‘9. (1) Every government or public institution shall ensure that it keeps every information or record about the institution’s operations, personnel, activities and other relevant or related information or records.

(2) Every government or public institution shall ensure the proper organization and maintenance of all information or record in its custody, in a manner that facilitates public access to such information or record under this Act.

Furthermore, Section 2(7) of the FOIA defines public institutions within the section and of course, the Act thus

‘(7) Public institutions are all authorities whether executive, legislative or judicial agencies, ministries, and extra-ministerial departments of the government, together with all corporations established by law and all companies in which government has a controlling interest, and private companies utilizing public funds, providing public services or performing public functions.

Therefore, for the purpose of emphasis and in conjunction with the above definitions which are submitted to be read together in the definition of the public institutions, section 31 of the FOIA, which is the interpretation section of the Act, defines ‘Public Institution’ in the following words

‘Public institution” means any legislative, executive, judicial, administrative or advisory body of the government, including boards, bureau, committees or commissions of the State, and any subsidiary body of those bodies including but not limited to committees and sub-committees which are supported in whole or in part by public fund or which expends public fund and private bodies providing public services, performing public functions or utilizing public funds.’

Furthermore, the same section 31 FOIA defines ‘Public record or document’ that every public institution is expected and mandated by the FOIA to keep thus

‘Public record or document” means a record in any form having been prepared, or having been or being used, received, possessed or under the control of any public or private bodies relating to matters of public interest and includes any-

(a) writing on any material;

(b)information recorded or stored or other devices; and any material subsequently derived from information so recorded or stored;

(c) label, marking, or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;

(d) book, card, form, map, plan, graph, or drawing,

(e) photograph, film, negative, microfilm, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced’

Section 29(4) and (5) FOIA requires public institutions to publish their information in the following provisions

‘4. A public institution shall ensure that information referred to in this section is widely disseminated and made readily available to members of the public through various means, including print, electronic and online sources, and at the offices of such public institutions.

(5) A public institution shall update and review information required to be published under this section periodically, and immediately whenever changes occur’. (All Underlined words in this paper are mine for emphasis).

Finally, therefore, it is my humble submission that the FOIA has a good intention to make access to information easily accessible and aims to aid fight against corruption in Nigeria. It is my humble submission therefore, that the objectives of the FOIA would be effectively and efficiently archived where an FOI Desk Office is established and managed effectively and efficiently by every public institution as defined under the Act, hence this recommendation.

Email: [email protected] 08168292549.