Introduction:

The Freedom of Information (FOI) Act, 2011, is a powerful tool for Nigerian citizens, journalists, researchers, and civil society organizations who seek transparency and accountability from public institutions. The Act defines Public Institutions as: Executive, Legislative, and Judicial Agencies Ministries and Extra-Ministerial Departments, Statutory Corporations, Government-controlled Companies, Private companies using public funds or providing public services

For businesses, accessing information on regulatory practices, government contracts, and policy developments can support better decision-making and strategic planning. By empowering people with the right to access public records, the FOI Act plays a crucial role in fostering an open and accountable government, enhancing trust and integrity in Nigeria's public and private sectors alike.

Here are five important things to note about the FOI Act that underscore its importance:

1. Right to Access Public Records

The Act empowers applicants (natural or legal persons) with the right to request access to public records and information held by public institutions. This includes government agencies, ministries, and interestingly private entities delivering public services, performing public functions, or utilizing public funds. When a request for information is made, these institutions are required to respond within 3 days, but no later than 7 days. If a request involves a large number of records or necessitates consultations, a public institution may extend the response time by an additional 7 days, provided they notify the applicant and inform them of their right to seek a Court review of the extension.

2. Exemptions to Disclosure 

There are exemptions to general information requests. These broadly include information relating to national security, personal privacy, trade secrets, and privileged financial information, as well as information that could disrupt contractual negotiations involving third parties.

Additionally, public institutions may deny access to information protected by legal privileges, including legal practitioner-client privilege, health worker-client privilege, journalism confidentiality, or any other professional privilege recognized by the Act. While this is important, it should be noted that public institutions are obligated to disclose information if it serves the public interest, particularly regarding public health, safety, or environmental protection.

Another broad standard for determining what to disclose is when the public interest clearly outweighs any potential financial loss, competitive disadvantage, or interference with contractual negotiations for a third party. This comes to the fore in the instance of public interest and public safety matters, among others.

3. Information not covered in the Freedom of Information Act 

The Act does not cover materials already publicly available, items preserved in libraries or museums solely for public reference, exhibition, or materials stored in the National Library, National Museum, or non-public sections of the National Archives on behalf of private individuals or organizations.

4. Penalties for Non-Compliance 

If an individual or public institution fails to provide requested information within the specified time frame, it is considered a refusal to grant access; if wrongful denial is established, the responsible officer or institution has committed an offence and is liable upon conviction to a fine of N500, 000.

5. Remedy available to a denied applicant

If an applicant is denied access to information, they can seek a review from a State High Court or Federal High Court, within 30 days of the denial or when the application is considered denied. Additionally, the Court has the discretion to grant an extension for submitting the application, either before or after the 30-day timeframe.

Conclusion

In conclusion, the FOI Act is a vital tool for enhancing openness and accountability within government. The implication is that for businesspeople, constituents, and civil society organizations, the FOI Act serves as an essential mechanism for gaining access to critical information that could impact their activities and interests.

For business owners, it allows for obtaining insight into procurement processes and regulatory policies, which can guide strategic decision-making and ensure fair competition. Constituents can leverage the Act to better understand how public resources are allocated and administered, helping them hold public officials accountable and advocating for community development. Civil society organizations can use it to obtain data needed for advocacy, research, and oversight activities, helping to monitor government actions and promote transparency in public affairs. This level of access enhances trust, fosters transparency, and empowers Nigerian citizens and entities to engage constructively with public institutions.