COMMUNIQUE ISSUED AT THE END OF A ONE-DAY ROUNDTABLE WITH MDAS AND CSOS ON FREEDOM OF INFORMATION ACT IMPLEMENTATION AND CHALLENGES IN NIGERIA ORGANISED BY CITIZENS VOICE AGAINST CORRUPTION (CIVAC) IN COLLABORATION WITH THE FREEDOM OF INFORMATON COALITION, NIGERIA (FOICN) WITH FUNDING SUPPORT FROM OCCEN NIGERIA OGP PROGRAM ACTIVITY, HELD AT IMMACULATE HOTEL, ABUJA ON 4THFEBRUARY, 2021.
Background
Nigeria is among more than ninety countries in the world and the 25countries in Africa that have passed the Freedom of information Act. The Freedom of Information (FOI) Act was signed into law on the 28th of May 2011 by the administration of President Goodluck Jonathan. The Act grants citizens legal right of access to information, records and documents held by government agencies and related entities carrying out public functions.
The Act was intended to make government agencies and partner private entities to function with more transparency and accountability so that the public could easily identify problems in government functions and demand government officials to address them.
It is believed that an informed public is vital for proper operation of a democracy and the FOI Act provides a means for citizens to engage, access, evaluate and criticize decisions taken by government agencies which will go a long way in promoting the democracy we practice as a form of government.
Citizens Voice against Corruption (CIVAC) in collaboration with The Freedom of Information Coalition, Nigeria (FOICN) organized a one-day roundtable with MDAs and CSOs on Freedom of Information Act implementation. The roundtable aimed at engaging participants on FOI Implementation, with special focus on opportunities and challenges. The meeting also considered the establishment of a National Monitoring Team on FOI to track compliance.
Observations:
1. FOI Implementation and compliance by MDAs in Nigeria is very poor.
2. If the FOIA is properly implemented and complied with, corruption will be reduced in Nigeria.
3. Citizens’ use of the FOI Act is still very poor.
4. There is wide knowledge gap among the citizens on the provisions of the FOI Act.
5. Officials of some public institutions are either not aware or pretend not to be aware that the provisions of the FOI Act outlaw (certain sections of) the Civil Service Oath of Secrecy and the Official Secrets Act, except as enshrined in the exclusion and exemption sections of the FOI Act.
6. Poor records keeping in public institutions in Nigeria constitute a challenge to FOI implementation.
7. The anti corruption war is failing in Nigeria because citizens are yet to own it.
8. The absence of strong institutions in Nigeria is a major setback to the effective fight against corruption in Nigeria.
9. Many public institutions in Nigeria are yet to set up desks/appoint desk officers for FOI implementation in Nigeria.
10. The Judiciary and Legislature have not been active in issues around FOI implementation in Nigeria.
Recommendations:
1. Public Institutions in the country are strongly advised to comply with the provisions of the FOI Act, particularly, as it concerns setting up of FOI desks/units, proactive disclosure and their annual compliance reporting obligations, as provided by the Act.
2. Nigerian citizens should take advantage of the FOI Act and participate in government, while holding those in authority accountable.
3. There is the need for a non-state actors’ Monitoring Team to support the Attorney General’s oversight functions on FOI implementation to track compliance, abuses and violations.
4. There is the need for government and civil society stakeholders to take advantage of the Open Government Partnership (OGP) framework to ensure smooth implementation of FOI Act in Nigeria.
5. Participants resolved that Stakeholders’ Engagement and Capacity Development on the provisions and implementation of the FOI Act should be an ongoing/continuous exercise.
6. Participants called on public institutions in the country to improve on their records keeping functions to facilitate FOI implementation.
7. The participants called on Nigerian citizens to own and participate actively in the anti corruption war to guarantee its success.
8. The Forum urged governments at all levels to pay more attention to strengthening public institutions in the country in order to make them more productive and effective.
9. Participants called on public institutions that are yet to set up FOI desks to do so without further delay.
10. There is the need to engage the Judiciary and Legislature in the country on FOI implementation.