Nigeria: Government orders ministries, agencies to implement FOI law

Federal Government has ordered ministries, agencies, departments and all other public institutions to start implementing the Freedom of Information (FOI) Act, saying that “all government institutions are required, subject to certain exceptions, to disclose information pursuant to a request by any person.”

The government disclosed this through a circular sent to all government ministries and agencies dated January 29, 2012 and signed by the Attorney General of the Federation and Minister of Justice, Mohammed Bello Adoke.

The circular said that all public institutions must put in place adequate machinery for record keeping and publish information about itself as specified under Section 2 of the Act.

The FOI Act which was come into effect on May 28, 2011, according to Adoke, reflects Nigeria’s fundamental commitment to open government.

The circular entitled “Implementation of the Freedom of Information Act 2011 and the Reporting Requirements under Section 29 Thereof” outlined guidelines and modalities to be adopted by the various public institutions in implementing the law.

It said that agencies are required to “work proactively and respond to request promptly. Public institutions are enjoined to use modern technology to inform citizens of what is known and done by their government,” adding that “agencies should readily and systematically post information online in advance of request of any public request.”

The document also urged the agencies to “make it a priority to respond to in a timely manner” any information not previously disclosed, warning that “long delays should not be viewed as an evitable and insurmountable consequence of high demand.”

For effective implementation of the law, agencies are required to establish and FOI Unit with direct responsibility for determination and compliance with the Act as well as designating a senior official (at the Assistant Director level or its equivalent) to handle the issue.

The circular explained that agencies “must establish a telephone line or internet service that persons requesting information under the Act may use in to inquire about the status of their requests.”

The order also said that public institutions by virtue of Section 29 of the Act must on or before February 1 each year submit to the office of the Attorney General a report containing the details of their implementation and compliance. The Attorney General would publish these reports and submit copies to the National Assembly not later than April.

February 9, 2012 by Nuruddeen M. Abdallah

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Source: www.dailytrust.com.ng/index.php?option=com_content&view=article&id=154312:fg-orders-ministries-agencies-to-implement-foi-law&catid=1:news&Itemid=2 (Accessed: 10.02.2012)