The Supreme Court of Nigeria has ruled that the application of the Freedom of Information Act (FOIA) 2011 covers all levels of government, including state and local government institutions.
The apex court, in a Thursday judgment, pronounced by Hon. Justice Lawal Garba JSC, upturned the appellate court position which said it was only applicable to the federal government.
WikkiTimes and other media outlets’ requests for its application have been consistently rejected by many states contending that FOIA provisions must be domesticated at the state level before they become binding on them.
Recall that in 2018, a majority ruling by the Court of Appeal, Benin Division had argued that the FOIA only applies to federal Ministries, Departments, and Agencies (MDAs).
However, the Supreme Court which was enacted to foster transparency, citizen engagement, and accountability in public governance, is now binding across the federation.
The judgment was reached during the case of Austin Osaku v. EDOSACA SC/614/2014, which started on January 6, 2014, after 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 requested detailed records pertaining 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 only inconsistency in the law, but also a legislative vacuum at the state level. “This is not just a legal victory—it is a victory for democracy,” he said.
Aigbokhan added. “This decision is a major leap for the global campaign for probity, accountability, and transparency, with a 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.”
It’s Democratic Milestone – MRA Reacts
Reacting to the judgement, Media Rights Agenda (MRA), has described the Supreme Court ruling as “a democratic milestone in Nigeria which affirms the principle that governments at all levels are accountable to the public.”
In a statement issued in Lagos, MRA’s Deputy Executive Director, Mr. Ayode Longe, noted that the Supreme Court’s decision has strengthened the legal foundation for open government and provided additional impetus for the media, civil society organisations and citizens across the country to fight corruption and work to eradicate the scourge of secrecy in all our public institutions.
Mr. Longe said: “MRA is obviously pleased by the judgment of the Supreme Court confirming what has always been our position on this issue, that the FOI Act is binding on all public institutions at federal, state, and local government levels.”
“It is a historic decision that has finally settled this issue and we see it as a resounding victory for transparency, accountability, and the right of every Nigerian to access information held by public institutions, regardless of their state of residence or the level of government involved.”
He noted that “over the last 14 years, some state governments and institutions have claimed that the FOI Act only applies to federal public institutions because they had not “domesticated” it in their respective states.”
He also applauded the Supreme Court for upholding the principle that the public has a right to know how they are governed, including how public resources are managed.
“Media Rights Agenda calls on all public institutions, especially at the state and local government levels, to immediately begin implementation and ensure full compliance with the FOI Act, including by responding to requests for information, proactively publishing all information subject to proactive disclosure, designating FOI Desk Officers as required by Act, and instituting efficient and effective procedures for members of the public applying for information,” the statement read.
He urged civil society organisations, the media, and citizens across the country to make full use of the law to demand accountability from public institutions at all levels and participate meaningfully in governance.
