By Joy Odor, Abuja
Amid growing demand for transparency and democratic accountability, the Federal Government, Civil Society Organisations, and Media stakeholders have opened intense dialogue over proposed amendments to Nigeria’s Freedom of Information (FOI) Act, sparking sharp debates on enforcement, oversight, and political will.
At the centre of this renewed push for reform is Nigeria’s troubling performance in global transparency rankings and widespread concerns over the poor implementation of the FOI Act since its passage in 2011.
Speaking at a multi-stakeholder forum in Abuja on Monday on the proposed Amendment to the FOI, the Nigeria’s Minister of Justice and Attorney General of the Federation, Hon. Lateef Olasunkanmi Fagbemi, SAN, expressed firm support for overhauling the FOI Act, describing it as a “transformative tool” for deepening open governance.
Represented by Barrister Garuba Godwin, Head of the FOI Unit at the Federal Ministry of Justice, Fagbemi said, “The FOI Act ushered in a new culture of transparency and accountability in Nigeria, but it is not perfect. We are committed to improving it through a sensible, inclusive amendment process.”
The event, organised by the International Press Centre (IPC) and supported by the European Union under its Support to Democratic Governance in Nigeria (EU-SDGN) programme, brought together leading voices from the legal community, media, academia, civil society, and government institutions.
Global Ratings Sound Alarm on FOI Weaknesses.
Data presented by Mr. Edetaen Ojo, the Executive Director of Media Rights Agenda (MRA), showed that Nigeria ranked 64th out of 140 countries on the Global Right to Information Rating, with 88 out of 150 points, well below regional counterparts like The Gambia (6th), Liberia (10th), and South Sudan (12th).
“This reflects not only weaknesses in the law but also deep failures in implementation. “There is no independent oversight body, no administrative sanctions, and no institution dedicated to public awareness” he warned.
Ojo lamented that successive Attorneys General have failed to submit mandatory FOI compliance reports to the National Assembly, as required under Section 29 of the Act.
“No legal action has ever been taken against a defaulting public body,” he said, accusing the government of undermining the law by defending violators in court.
A Broken System: Non-Compliance, No Sanctions
Executive Director of the Centre for Media and Society (CIMESO), Mr. Akin Akingbulu, echoed these concerns, stating that the FOI Act has been reduced to a symbolic document in many Ministries, Departments, and Agencies (MDAs).
“After 14 years, too many institutions still treat FOI compliance as optional. “Many have no FOI desk officers or budget lines for implementation. The Supreme Court has ruled that the Act applies nationwide, yet some states continue to act like it doesn’t” Akingbulu said.
He cautioned that the amendment process should not become a “backdoor to weakening the law or criminalising requests, adding that “the right to know is a constitutional entitlement, not a bureaucratic favour.
PLAC Demands Careful, Inclusive Review
The Policy and Legal Advocacy Centre (PLAC) stressed that any amendment must uphold the core purpose of the Act: citizen empowerment.
Representing the PLAC’s Executive Director, Clement Nwankwo, the Programme Manager Nkiru Uzodi outlined three principles for reform:
1. Preserve Transparency Gains
2. Strengthen Oversight and Enforcement
3. Ensure Inclusive Participation
“We are not here to merely tweak text. We must deepen our collective commitment to open governance,” she said.
Tensions Flare Over Enforcement and Oversight
Discussions at a technical session chaired by the IPC Executive Director, Comrade Lanre Arogundade revealed deep divisions between civil society actors and government representatives over enforcement responsibility and the independence of oversight institutions.
Temidayo Taiwo-Sidiq, a Senior Legislative Aide on Oversight Matters to the Spokesperson, House of Representative, Rep. Akin Rotimi Jr. at the National Assembly, raised pointed questions: “If the enforcement body itself is implicated in non-compliance, how does a citizen trust the process? How can the Attorney General be the enforcer and defender in the same breath?”
Ojo clarified that while early drafts of the FOI Bill gave oversight roles to the Attorney General, the final law placed responsibility with the National Human Rights Commission (NHRC). “Now that NHRC has statutory independence, it should be considered for a stronger role in enforcement.”
Justice Ministry Responds: ‘We’re Improving’
In a rare admission, the Ministry of Justice acknowledged implementation failures but blamed them on institutional challenges.
“We’ve increased compliance from 91 to 145 MDAs and target 200 by year-end. “But many agencies had no budget from January to May. How do you expect implementation without resources?”said Bar. Garuba
Godwin criticised civil society for limited public engagement. “We have over 200 million Nigerians. How many know how to file an FOI request? We need collaboration, not finger-pointing.”
Call for Public Naming of Defaulters
Participants proposed new accountability mechanisms, including an annual list of non-compliant MDAs to be published by the Ministry or an independent oversight body.
“Sunlight is the best disinfectant,” said the Nigerian Union of Journalists (NUJ) President, Alhassan Yahaya. “Public naming will put pressure on institutions and reward those who comply.”
Legal experts also called for a constitutional separation of the offices of the Attorney General and Minister of Justice to reduce conflict of interest in FOI enforcement.
Next Steps: From Dialogue to Action
Organisers informed that the discussions would feed into position papers and proposed legislative amendments to be presented to the National Assembly in the coming months.
“The FOI Act must evolve from a paper promise to a working reality,” said Arogundade. “This is not a time for regression, it is a moment to make Nigeria’s democracy more open, inclusive, and accountable.”
As the one-day technical session concludes, the consensus is clear: without structural reform, political will, and citizen education, Nigeria’s FOI Act risks becoming a toothless tiger in the battle for transparency.
Box: Key Demands from Stakeholders
Establish an independent FOI oversight body
Introduce sanctions for non-compliant MDAs
Allocate budget lines for FOI implementation
Enforce proactive disclosure provisions
Separate Attorney General and Justice Minister roles
Strengthen public awareness campaigns
Publish annual compliance reports
Supported by the European Union’s Support to Democratic Governance in Nigeria (EU-SDGN) programme, the reform process continues as stakeholders push for an FOI Act that reflects global best practices and meets the expectations of Nigerian citizens.
