Freedom of Information Act: All Tiers of Government Must Comply, Supreme Court Rules

The Supreme Court of Nigeria has delivered a landmark judgment, ruling that the Freedom of Information Act (FOIA) 2011 applies to all tiers of government, including state institutions. This decision reinforces transparency and democratic accountability at all levels of government.

The judgment marks a decisive reversal of the 2018 majority ruling by the Court of Appeal, Benin Division, which had controversially held that the FOIA only applies to federal Ministries, Departments, and Agencies (MDAs). The apex court recognized the legislative competence of the National Assembly to enact laws on public records and archives, affirming that such matters fall within its constitutional purview.

The case originated on January 6, 2014, when a coalition of civil society organizations filed a Freedom of Information request to the Edo State Agency for the Control of AIDS (EDOSACA). The applicants sought detailed records relating to the HIV/AIDS Program Development Project (HPDP II), including financial expenditures, grants, donor partnerships, contract awards, and criteria for grant allocations between 2011 and 2014.

Speaking after the judgment, President Aigbokhan, Esq., lead counsel for the appellants, hailed the ruling as a model decision that addresses not inconsistency in law, but a legislative vacuum at the state level. “This is not just a legal victory—it is a victory for democracy,” Aigbokhan added. “This decision is a major leap for the global campaign for probity, accountability, and transparency, with far-reaching impact on public citizens at the sub-national level. Our laws must work for all. Once again, the Supreme Court has demonstrated its crucial role as a veritable arbiter of democratic ideals.”

This ruling has significant implications for various sectors, including the oil and gas industry. Recently, a court granted Accountability Lab’s request to sue the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), highlighting the importance of transparency in the sector. The NUPRC, established by the Petroleum Industry Act (PIA) 2021, regulates the upstream oil and gas sector and ensures compliance with Nigerian petroleum laws and regulations.

Recent Developments in FOIA Cases

• Accountability Lab vs. NUPRC: A court granted leave for Accountability Lab to sue NUPRC, underscoring the need for transparency in the oil and gas sector.
• NGO vs. NDDC: A civil rights organization, Action for Socio-Political and Economic Change (ASEC), requested information under the FOI Act 2011 from the Niger Delta Development Commission (NDDC) to query their budget.
• FOI Counsel vs. Federal Government: FOI Counsel dragged the Federal Government to court over a ban on the disclosure of public records by MDAs.

The Supreme Court’s judgment sets a powerful precedent for civil society, journalists, and ordinary citizens to demand transparency and accountability from government institutions. As President Aigbokhan, Esq., lead counsel for the appellants, noted, “This decision is a major leap for the global campaign for probity, accountability, and transparency, with far-reaching impact on public citizens at the sub-national level.”

The landmark ruling dismantles the long-held excuse by some states for refusing to comply with FOIA provisions due to the absence of corresponding state laws. With the Supreme Court’s pronouncement, state governments can no longer deny access to public records on the grounds of legislative non-alignment. As the decision reverberates across the country, it sets a powerful precedent for civil society, journalists, and ordinary citizens alike—ensuring that the quest for an open and accountable government does not stop at the gates of federal institutions.