Domesticate Nigeria’s Freedom of Information Act: Experts Call for Reforms

Abuja, Nigeria – The Freedom of Information Act (FOIA) in Nigeria is facing significant challenges, including limited awareness, restrictive laws, and harassment of journalists, according to experts.

Despite being enacted in 2011 to promote transparency, accountability, and good governance, the FOIA’s implementation has been hindered by various obstacles.

“Many citizens, journalists, and public officials are unaware of the FOIA’s provisions and benefits,” said Kemi Busari, Editor at Dubawa.

Ayoade Longe a policy analyst with Media Rights Agenda noted that lack of domestication of the FOIA across states in Nigeria is a major drawback for the effective implementation of the Freedom of Information Act. “Only two states, Ekiti and Imo, have passed a state version of the FOI Act, limiting its applicability.”

Other experts also pointed out that the Official Secrets Oaths Act is often used to deny access to public information, and journalists who request information under the FOIA often face harassment, threats, and intimidation. Babawale Tunde, Provost at the EFFC Academy stated that “The FOIA has made the Oath of Secrecy superfluous.”

Former Director General of the Federal Competition and Consumer Protection Commission, (FCCPC), called for a review against stronger Frameworks for compliance such as FOI document storage and retrieval systems included in operations. To minimise harm against journalists, citizens and civil society members when they request for FOI from agencies, he suggested that “before seeking FOI requests, carry out more inspiring research before seeking FOI requests, and the hard forensic work of careful dutiful analysis upon receipt.”

To address these challenges, the experts are calling for reforms, including the establishment of an independent ombudsman to oversee the implementation of the FOIA, providing more resources and funding for FOI units in government agencies, and imposing effective sanctions for government agencies that fail to comply with the FOIA.

According to the policy analysis, the lack of effective implementation of the FOIA is also attributed to the lack of synergy with other relevant laws, such as the Procurement Act and the Code of Conduct Act. Additionally, the Office of the Attorney General of the Federation (AGF) lacks independence, which is essential for effective oversight. This gap, says Amzat Ajibola, African Editor at the Centre for Collaborative Investigative Journalism interferes with effective implementation of the FOIA.

The experts recommended that the government establish clear guidelines on exemptions, particularly on national security and public interest, and introduce enforcement mechanisms, such as penalties for non-compliance and a fast-track mechanism for legal actions related to denied requests.

A key recommendation is the establishment of a FOIA Implementation Committee, comprising representatives from civil society, media, and government, to oversee the implementation of the FOIA and develop an implementation plan outlining the steps to be taken, including timelines and budgets.

The committee would also regularly monitor and evaluate progress in implementing the FOIA and make adjustments as necessary.

The policy analysis highlights the importance of protecting journalists who request information under the FOIA and ensuring that those who harass or intimidate them are held accountable.

“Strengthening the FOIA is crucial for promoting transparency, accountability, and informed decision-making in Nigeria,” said Ayoade Longer, a Policy Analyst and Programme Manager with Media Rights Agenda.

By addressing the challenges facing the Act’s implementation and implementing the recommendations outlined in our policy report by LightRay! Media, Nigeria can take a significant step towards ensuring that citizens have access to the information they need to hold their government accountable.

Experts believe that with these reforms, the FOIA can function better in promoting transparency, accountability, and good governance in the country.

Recommendations at a Glance

• Establish an independent ombudsman to oversee FOIA implementation
• Provide more resources and funding for FOI units in government agencies
• Impose effective sanctions for non-compliance
• Strengthen synergy with other relevant laws
• Establish clear guidelines on exemptions
• Introduce enforcement mechanisms
• Protect journalists who request information under the FOIA

Implementation Strategy:

• Establish a FOIA Implementation Committee
• Develop a FOIA implementation plan
• Monitor and evaluate progress regularly

The recent Supreme Court judgment passed on April 11th 2025 mandating the domestication of the Freedom of Information Act (FOIA) across all tiers of government in Nigeria is a significant step towards promoting transparency and accountability.

Why FOIA Domestication Matters

• Promoting Transparency: The FOIA enables citizens to access government information, ensuring transparency and accountability in governance. By domesticating the Act, state governments will be required to proactively disclose information, reducing secrecy and promoting open governance.
• Empowering Citizens: With the FOIA in place, citizens can hold governments accountable for their actions. This leads to better governance, reduced corruption, and more effective public service delivery.
• Enhancing Investigative Journalism: Journalists can utilize the FOIA to uncover important stories, shed light on government activities, and inform the public about issues that matter.

Challenges and Opportunities

• Low Awareness: Many citizens, journalists, and public officials are unaware of the FOIA’s provisions and benefits. Domesticating the Act will require awareness campaigns to educate the public.
• Culture of Secrecy: Governments often resist transparency, citing national security or public interest concerns. The domestication of FOIA will help challenge this culture and promote openness.
• Implementation Challenges: Effective implementation will require training public officials, establishing functional websites, and making budgetary provisions for record-keeping and information management

Key Recommendations

• Training and Awareness: Governments should provide training for public officials on the FOIA and its implementation.
• Clear Guidelines: Clear guidelines on exemptions and procedures for requesting information should be established.
• Public Education: Public awareness campaigns should be conducted to educate citizens about their rights under the FOIA.
• Effective Implementation: Governments should allocate resources for effective implementation, including record-keeping and information management