On 11 April, the Supreme Court gave a landmark judgement affirming that the Freedom of Information (FoI) Act is applicable to all tiers of government, including the 36 states of the federation.
Contrary to the arguments many state governments have canvassed over the years to dodge compliance with the FOI Act, a federal legislation, the court held that the National Assembly is competent to enact laws on public records and archives.
The judgement is a milestone for the 14-year-old legislation, whose implementation has encountered challenges due to limited commitment to transparent and democratic governance in the country.
The verdict was prompted by a suit commenced at the Edo State High Court in Benin City, on 4 February 2014.
Nine representatives of the civil society groups in Edo State, South-south Nigeria, filed the suit following the denial of an FoI request by the Edo State Agency for the Control of AIDS (EDOSACA).
The trial court ruled in favour of the applicants in a judgement delivered on 29 April 2014, ordering EDOSACA to release the information requested.
READ ALSO: Nigeria’s head of civil service assigns FOI requests to legal units in federal agencies
But on appeal by EDOSACA, the Court of Appeal, Benin Division, in a two-to-one majority decision, overturned the Federal High Court’s judgement, ruling that the FoI Act was only applicable to public records and archives of the federation and not of states.
Displeased with the judgement, the civil society groups proceeded to the Supreme Court, which gave the final verdict last month affirming that all tiers of government are bound by the FoI Act.
You can download the certified true copy (CTC) of the judgement here to read the decision in full.
SUPREME COURT JUDGMENT on FOI Act_watermark_watermark_compressed_watermark
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