Article 19 of the 1948 United Nations Universal Declaration of Human Rights establishes that everyone has the right to freedom of expression.
Section 39 of the Nigerian constitution which guarantees the right to freedom of expression provides as follows:
“Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impact ideas and information without interference.”
The Freedom of Information (FOI) act is one of the ways in which Nigerians can receive information without interference.
Nigeria’s FOI Act was enacted in May 28, 2011.
In commemoration of the globally celebrated Right to Know Day, The Jurist brings you procedures on how to write an FOI request in Nigeria.
What is an FOI?
FOI is a law that grants the right to obtain information from government agencies, parastatals, the federal civil service, the private and public sectors, amongst others.
Who can make an FOI request?
Any individual, group, association, or organization can make an FOI request. It is imperative that the information request is made in writing, with reasonable specificity and strict adherence to institutional norms.
How is an FOI request made?
When requesting information under FOIA, it is imperative that the request be made in writing, providing a detailed description of the information sought and the preferred response format.
Purpose and objectives of the FOI Act
1. To make public records and information more freely available.
2. To provide for public access to public records and information.
3. To protect public records and information to the extent consistent with the public interest and the protection of personal privacy.
4. To protect serving public officers from adverse consequences for disclosing certain kinds of officials information without authorization.
5. To establish procedures for the achievement of these purposes and for other related matters.
Steps to writing an FoI request
1. Research
Before drafting an FOI request, research should be conducted to determine what type of document you are searching for.
Which agencies are likely to have the documents, and what government records on your subject matter are already in the public domain?
2. Determine which records to request.
Once you’ve confirmed that the information you’re seeking isn’t publicly available, you should narrow your search to specific papers, types of documents, or subjects of records.
3. To whom do you send requests?
The FOI Act applies to all executive branch departments and agencies.
The National Assembly and the courts are excluded by the FOI Act, meaning that you cannot send a FOI request to either.
Therefore you have to address your letter to the head of the department or agency to which you are writing.
4. Draft your letter and submit
At this point, the FOI Act request takes on a more aesthetic appearance.
You are now ready to construct a FOI Act request after researching what information to obtain from the agencies.
Following this, you can now submit your request to the relevant MDA.
5. Keep track of your request
Once you have completed your request(s), maintain note of pertinent information such as the date sent, the agency or components, the subject(s), the agency tracking numbers, and the date and type of any future agency reply, including phone and email correspondence.
This information may be required for further investigations, appeals, or litigation and to avoid sending duplicate requests.
6. Waiting for responses
The waiting game begins when you file your FOI request. The statute requires agencies to issue a final resolution within seven (7) business days, yet many agency FOI Act offices have not done so.
There is a considerable backlog of pending requests.
It is also worth noting that there may be extenuating circumstances that necessitate an extension.
As a result, Section 4 (8) provides for such an extension, as long as the overall period for response does not exceed 30 days from the date the request is received.
The public institution must notify the requester of the extension and the grounds for it within the first seven days.
7. Declined or outrightly ignored FOI by the MDA?
If your request is denied or disregarded, you have many options under the Freedom of Information Act to seek redress and ensure your rights are honored. Section 20 of the FOI Act specifies this.
To begin, you should make an internal appeal. Assume your request is ignored, refused, or granted in part.
In that situation, you have the option of filing an internal appeal within 30 days of obtaining the decision or after the seven-day waiting period has expired. The request for an appeal should be made to the head of the public institution.
Also, the internal review procedure cannot last more than 30 days. If the internal appeal does not result in a satisfying outcome, you can file for judicial review of the judgment.
This entails initiating a lawsuit to challenge the refusal to provide the required information. You may want to engage a lawyer at this point to help you navigate the legal system.
You may also choose to work with non-governmental organizations (NGOs). Engaging with civil society organizations, such as media outlets, human rights organizations, or organizations that specialize in FOI advocacy.
