Nigeria Freedom of Information law: what does this mean for Nigeria?

The Nigeria Freedom of Information (FOI) law will usher in a new era. If well implemented, it will change the way government conducts its business. Some key provisions in the law would mean the following:

• Anyone has the right to access public records. This would empower all Nigerian citizens to effectively track government activities. It would enable Nigerians to hold government accountable when necessary particularly in the event of misappropriation of public funds or failure to deliver public services.

• Government agencies are required to keep records and publish all information regarding its activities, operations and business. They are also mandated to widely disseminate this information through various means including print, electronic and online sources. This would compel government agencies to publish and widely disseminate information such as its accounts (budgetary allocations and expenditures) thereby making government agencies to be more accountable to the people. It would also ensure more transparency in the management of oil revenues such as the Sovereign Wealth Fund;

• Anyone has the right to challenge any government agency that refuses to grant access to information and have it reviewed by the court. More interesting is the punishable offence given to any public officer or public institution that wrongfully denies an applicant access to information. Such an officer or public institution would be liable to pay a fine of N500, 000 (about $3,200 USD) if convicted; and

• Prohibits any public officer or public institution to purposely destroy or falsify public records. It is a criminal offence and if convicted by the court, would be subject to a minimum of 1 year imprisonment.

The time limit for granting access to information was missing from the Act obtained from the National Assembly website [http://www.nassnig.org/nass/acts.php?pageNum_bill=9&totalRows_bill=151]. Hopefully this is a mistake and the provisions should not have changed much from the earlier harmonised version of the bill. The harmonised version of the bill states that information should be made available to applicants within 7 days of making the application. If this is the same as the signed copy or if a definite time limit is present in the signed copy of the Act, then the FOI law would be a very strong law.