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Nigerian Freedom of Information Bill

This is an excerpted version of the Freedom Of Information Bill [FOIB] that is currently before the Nigerian Parliament. It has undergone a second reading at the committee stage and if it eventually passes and becomes an Act, it will make Nigeria second after South Africa, in the Commonwealth of Nations that has a FOI Act. The Bill is being promoted by a coalition of Nigerian civil society groups led by the Media Rights Agenda.

• Subject to the provisions of this Act but not with standing anything contained in any other Act, Edict, Law, or Regulation, every person whether or not that person is a citizen of the Federal Republic of Nigeria, has a legally enforceable right to, and shall, on request, be given access to any record under the control of a government or public institution.
• An applicant herein need not demonstrate any specific interest in the information being requested for.
• For the purpose of this Act, any record requested under this Act that does not exist but can, subject to such limitations as may be prescribed by regulation, be produced from a machine, readable record under the control of a government and or public institution using computer hardware and software normally used by the government and or public institution shall be deemed to be a record under the control of the government and/or public institution.
• The head of every government and or public institution to which this Act applies shall cause to be published in the Federal Gazette at least once every year:

a] A description of the organisation and responsibilities of the institution including details of programmes and functions of each division, branch and department of the institution.

b] A description of all classes of records under the control of the institution in sufficient detail to facilitate the exercise of the right of access under this Act;

c] A description of all manuals used by employees of the institution in administering or carrying out any of the programmes or activities of the institutions;

d] A description of documents containing final opinions including concurring and dissenting opinions as well as orders made in the adjudication of cases;

e]A description of documents containing substantive rules of the institution;

f] A description of documents containing statements and interpretations of policy which have been adopted by the institution;

g] A description of documents containing final planning policies, recommendations, and decisions;

h] A description of documents containing factual reports inspection reports, and studies whether prepared by or for the institution;

i] A description of document containing information relating to the receipt or expenditure of public or other funds of the institution;

j] A description of documents containing the names, salaries, titles, and dates of employment of all employees and officers of the institution;

k] A description of documents containing opinions concerning the rights of the State, the public, a sub-division of the State or a local government or of any private persons;

l] A description of documents containing the name of every official and the final records of voting in all proceedings of the institution;

m] A description of documents containing applications for any contract, permit, grant, or agreement.

n] A list of reports, documents, studies, or publications prepared by independent consultants or other independent contractors for the institution;

o] A description of materials containing information relating to any grant or contract made by or between the institution and another government and/or public institution or private organisation; and

p] The title and address of the appropriate officers or employees of the institution to whom requests for access to records under this Act should be sent, provided that the failure of any government and/or public institution to publish any information required to be published under this sub-section shall not prejudicially affect the right of access to public records and information in the custody of such government and/or public institution as provided for under this Act.

• Any person entitled to the right of access conferred by this act shall have the right to institute proceedings in a court to compel the head of any government institution and/or public body to comply with the provisions of this section;
• The government and or public institutions to which this Act applies are all authorities whether executive, legislative or judicial agencies, ministries, and extra ministerial departments of the Federal Government and of all State and local governments, together with all corporations established by law and all companies in which a Federal, State, or Local Government authority has a controlling interest and also private companies performing public functions.
• A request for access to a record under this Act shall be made in writing to the government and or public institution that has control of the record and shall provide sufficient detail to enable an experienced employee of the institution with a reasonable effort to identify the record.
• Where access to a record is requested under this Act, the head of the government and/or public institution to which the request is made shall subject to Sections 7,8, and 10, within seven days after the request is received.

a] Give a written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and

b] If access is to be given, give the person who made the request access to the record or part thereof.

• Where a government and or public institution receives a request for access to a record under this Act, and the head of the institution considers that another government and/or public institution has a greater interest in the record, the head of the institution to which the request is made may, subject to such conditions as may be prescribed by regulation, within three days after the request is received, transfer the request, and if necessary, the record to the other government and/or public institution, in which case the head of the institution transferring the request shall given written notice of the transfer to the person who made the request, which notice shall contain a statement informing the person who made the request that such decision to transfer the request can be reviewed by a court.
• For the purpose of section 6, where a request is transferred under subsection (1) of this section, the request shall be deemed to have been made to the government and or public institution to which it was transferred on the day the government and/or public institution received it.
• For the purpose of subsection (1), a government and/or public institution has a greater interest in a record if

a] The record was originally produced in or for the institution; or

b] In the case of a record not originally produced in or for a government and or public institution, the institution was the first government and/or public institution to receive the record or a copy there of.