By Joy Odor Abuja, Nigeria
A Coalition of Nigerian civil society stakeholders participating in the ongoing review of the Freedom of Information (FOI) Act has called for far-reaching amendments aimed at strengthening transparency, clarifying legal ambiguities, and enhancing access to information across all levels of government.
Group 1, 2 and 3, in their presentation at the public consultation session, delivered a comprehensive presentation advocating for critical revisions to sections 11 through 29 of the Act.
Key Proposals
1. Defining “Public Interest” in Denial Clauses:
Group 2 urged Sections 11(1) and (2) which outline conditions under which information requests can be denied are revised to include a clear definition of “public interest.”
They argued that the current phrasing leaves room for arbitrary denial, especially on matters involving international affairs, military operations, security agencies, and correctional institutions.
2. Continuous Officer Training (Section 13):
The groups proposed that Section 13(1) be amended to mandate not just “training” but “training and retraining” of public officers.
They also recommended the inclusion of Section 13(2), which would require MDAs (Ministries, Departments, and Agencies) to include training provisions in their annual budgets to ensure full compliance.
3. Correction of Typos and Clarity on Confidentiality (Sections 16c & 16t):
Members flagged typographical errors in Sections 16c and 16 and called for corrections.
They also recommended a clearer definition of professional confidentiality privileges and the term “an act” within the context of the FOI legislation, though this was met with some debate on its necessity.
4. Pre-Litigation Administrative Intervention (New Section 21):
In a bid to reduce court congestion and promote quicker dispute resolution, recommended a new Section 21 empowering the Attorney General of the Federation and potentially state Attorneys General to intervene in FOI-related disputes before court litigation begins.
However, concerns were raised over the practicality and constitutionality of expanding the AG’s oversight role.
5. Timely Court Action (Section 20):
The group proposed rephrasing the term “summarily” in Section 20 to:
“An application made under section 20 shall be held and determined expeditiously and without undue formalities within 21 days from the date of filing.”
They argued that the term “summarily” lacks precision and called for a defined time frame to ensure timely justice.
6. Interpretation of Legal Terms (Sections 23 & 26):
The Groups also called for the inclusion of definitions for ambiguous legal terms such as ex parte, material, and determination, to be inserted in the Act’s interpretation section.
They argued these terms may be misinterpreted by the general public, particularly non-legal professionals.
7. Expanded Oversight and Clarity on Reporting (Section 29):
The group pushed for clarification and expansion of reporting duties by the Attorney General.
They suggested Section 29 be amended to reflect current legislative structures, avoiding references to outdated or non-existent committees like “Committee on Government Reform.”
Instead, they recommended referencing committees “performing oversight functions on government reform matters,” regardless of their official titles.
They also suggested replacing the phrase “number of determinations” in the AG’s annual report with “number of requests,” to better reflect the volume and nature of FOI applications.
Reactions and Deliberations
The proposals sparked intense deliberations among participants.
Some stakeholders questioned the feasibility of placing pre-litigation intervention responsibilities on the already overstretched office of the Attorney General.
Others raised concerns over how administrative interventions could conflict with the 30-day window for court filings, possibly delaying justice.
Officials acknowledged the usefulness of the recommendations and agreed to form a compact five-member committee to consolidate all group inputs into a draft communique.
The Committee is expected to ensure that the review process results in actionable legislative engagement with Nigeria’s National Assembly.
The FOI review session, facilitated by relevant government agencies and CSOs, is part of a broader push to modernize Nigeria’s transparency laws, in line with global best practices and recent Supreme Court rulings that extend FOI applicability to all tiers of government.
As the meeting wrapped up for a tea break, organizers reaffirmed their commitment to adopting constructive feedback and translating it into legislative reforms that deepen openness, civic engagement, and good governance.
