Filing An FoI Request

The president and elected governors have been sworn in. The 10th Assembly has been inaugurated, and very soon, new appointments will be made of those who lead the various Ministries, Departments and Agencies.

As it stands, two of the three arms of government (executive and legislative arms) have recently undergone a significant change in personnel, a new set of elected public officeholders are taking charge at the various state houses and chambers, and in the next four years, their abilities to make laws and enact policies that represent your interest is paramount.

Protecting the sanctity of our democracy is not an obligation solely on the President of the Federal Republic of Nigeria. It is also the responsibility of the subnational governments and the members of the House of Representatives. In addition, it is their job to know how to make and pass laws so that they create an enabling environment that ensures that citizens enjoy the dividends of democracy.

In a democratic society like ours, holding lawmakers accountable is vital for ensuring transparency, integrity, and effective governance. Not just keeping them accountable, but how we hold them accountable also matters. Hence there is a need for us to know how to demand when we are demanding.

In an era of increasing accountability in governance, the Freedom of Information (FoI) Act plays a crucial role in empowering YOU to access public information and hold governments accountable.

In Nigeria, the FoI Act provides us, the citizens with the legal framework to demand information from those we have elected to run the public institutions. This article aims to guide individuals on how to develop an effective FoI request in accordance with the Act, ensuring a smooth process for accessing information.

Before drafting an FoI request, it is essential to familiarise yourself with the provisions of the FoI Act. The Act was enacted in 2011 and guarantees the right of access to information held by public institutions, subject to certain exemptions. Understanding the Act’s scope, exemptions, and procedures is crucial for developing a well-crafted request.

In terms of scope, there are no limitations on which public office a citizen of Nigeria can submit an FoI request. Every public office is mandated to honour an FoI request by law. However, while the FoI Act promotes transparency and access to information, it also recognizes that some information may be exempt from disclosure. Sections 11-15 of the Act provide specific exemptions to protect certain categories of information.

Some of the information exempted may be on the grounds of; National Security; Ongoing investigation by law enforcement agencies; Commercial Sensitive Information; Personal Privacy, among others.

The procedure for developing an FoI is quite simple.

First, you want to identify the relevant public institution responsible for the information you are looking for. As stated earlier, an FoI Act applies to all federal government ministries, departments, and agencies. But due to the way, laws are domesticated at sub-national levels of the government, information held by state and local government institutions may require state-specific procedures.

Having this knowledge will ensure that your request is directed to the appropriate authorities.

Then you draft your FoI request. The FoI request is a simple letter that states what information you are requesting. There is no special English or special way of writing it. What makes it an FoI is the subject tag and the information being requested. However, when developing your request, make sure that you clearly state the purpose of the request.

Be concise, specific, and avoid ambiguous language. Simple is often best. Also, ensure to provide sufficient details that can assist the public institution in identifying the requested information. Specify the time frame, subject matter, and any other pertinent information that will enable the MDA to provide an accurate and relevant response.

While drafting your FoI, bear in mind that information exchange is the primary and sole aim of the transaction. The law does not mandate the MDAs to provide any other form of extra assistance, such as advice, opinions or subjective assessments that are beyond the scope of the Act. This is why it is vital that you do your homework before requesting an FOI.

Additionally, you want to provide contact information. This will include but is not limited to your name, address, email, and phone number. This allows the public institution to communicate with you and provide the requested information.

At the end of this whole process, you want to submit the FoI letter. Once you have drafted your FoI request, submit it to the designated public institution. Ensure that you keep a copy of the request and any relevant documentation, such as proof of submission or acknowledgment of receipt.

Bear in mind that section 4 subsection 7 stipulates that all FoI requests must be responded to within seven working days from when the said request was sent. It is also important to note that there are extenuating circumstances that may require an extension. Hence section 4 Subsection 8 allows for such an extension, provided that the total time for response does not exceed 30 days from the date of receiving the request. The public institution must communicate the extension and the reasons for it to the requester within the initial seven-day period.

But what if your FoI is declined or outrightly ignored by the MDA? What does the law say?

According to the FoI Act, if your request is declined or ignored, there are a number of things you could do to get recourse and ensure that your rights are respected. This is stipulated in section 20 of the FOI Act.

Firstly, you want to engage in an internal appeal. Suppose your request is ignored, denied, or partially granted. In that case, you have the right to file an internal appeal within 30 days of receiving the decision or after the elapse of the seven-day waiting period. The appeal request should be submitted to the head of the public institution.

Also, note that the internal review process must not exceed 30 days as well. Should the internal appeal not yield a satisfactory outcome, you can seek a judicial review of the decision. This involves filing a lawsuit challenging the refusal to disclose the requested information. At this juncture, you may want to consult a lawyer to guide you through the legal process.

Additionally, you may also want to engage with civil society organizations or NGOs. Engaging with civil society organizations, such as media outlets, human rights groups, or organizations specializing in FOI advocacy, can provide valuable support and guidance if you encounter difficulties in obtaining information.

You have the power to demand how you want to be governed as a Nigerian. Your vote at the ballot is a prerequisite for accountability. The Freedom of Information Act in Nigeria empowers us the citizens to exercise our right to hold the government accountable by accessing public information.

Demanding is important, but knowing how to demand when you are demanding is also very important.

Credit:Daily Trust