https://thenationonlineng.net/foi-act-at-10/
Editorial
•Some progress made, but a lot needs to be done to ensure its effectiveness
The Freedom of Information (FOI) Act, which came into effect on May 28, 2011, is 10 years old, and Nigerians should examine its impact. Findings by the Media Rights Agenda (MRA) show that while the FOI Act has been impactful, a lot more grounds can be covered, if it is effectively utilised. Of note, statutory bodies like the National Assembly and the Office of the Attorney-General of the Federation (AGF) have not been proactive in ensuring compliance by public institutions, as enjoined by the act. This is unfortunate indeed. These are the very agencies that should lead the way in ensuring compliance with the provisions of the act. Why, for instance, did the National Assembly pass the bill if it knew it would not comply with its provisions?
We agree that the Federal Government which made the fight against corruption one of its cardinal objectives has not taken full advantage of the act. According to the Project Director of MRA, Mr Segun Fatuase, “the Federal Government has neither barked nor bitten in the implementation of the FOI Act in the last 10 years, as there has been no concerted effort to ensure compliance with the provisions of the act by public institutions under its authority and control.”
Yet, the FOI Act has far-reaching provisions which, if implemented, would reduce the opacity that engenders corruption in our society. Section 2 of the act enjoins public institutions to ensure a proper record-keeping of their activities, operations and businesses, in a manner that facilitates public access. Such information, the act provides should include, classes of records under the control of the institution; manuals used by the institutions; and documents containing opinions of those within the institutions, rules of the institutions and a host of other information.
The act in section 2(7) describes public institutions as “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 utilising public funds, providing public services or performing public functions.” The import of the act is that these organs of government should organise their records, for easy public access.
On their own, the public institutions are enjoined to also publish the records. By the provisions of section 29(1), each public institution shall, on or before February 1 of each year, submit to the Attorney-General of the Federation a report which shall cover the activities of the institution with respect to the exercise of the right conferred by the FOI Act to the general public. The AGF shall in turn make the reports submitted to him available to the public.
Furthermore, the AGF is compelled to notify the chairman and ranking minority member of the designated committees of the House of Representative and the Senate not later than April of the year of such report and make it available to them in hard copies. The AGF is further compelled to submit to the National Assembly an annual report on or before April 1 of each calendar year, which shall include for the prior calendar year, a listing of the number of cases arising under this act, amongst other details.
Section 20 of the act provides for judicial review, and an application under the act shall be determined summarily. Of note, is that the burden of establishing that a public institution is authorised to deny an application for information shall be on the public institution. Perhaps, it is the culture of taciturnity that has made the far-reaching FOI Act effable. Again, the media have not pushed the FOI Act as it should. So, to take advantage of the act, there is need for constant and rigorous sensitisation.
We also urge the civil society and the courts to rise to the occasion. If the FOI Act is unleashed from the cultural chains, the fight against corruption would be more effective.
***culled from THE NATION Newspapers