Citizens’ Engagement Through The Freedom Of Information Act. By – Sir, Agabaidu Chukwuemeka Jideani.

Last week in Jos, I was requested to discuss how Citizens would engage with the government through the freedom of information laws. Below is a breakdown of the relevant process into a very simplified – three easy to follow steps as a guide for Nigerian Citizens. The Freedom of Information Act (“FOI Act”) was enacted by the National Assembly in 2011 to give the general public access to information held by Public Institutions. The procedure to exercise this right to access to information is fairly straightforward and engaging with public institutions should not ordinarily pose any difficulties for you. STEP 1.HOW TO MAKE A REQUEST (1) The first step is to identify the information or record you desire and then you identify, also, the relevant Public Institution that has custody of that information or record. There is no one stop shop or central depository of government information. Every public institution maintains and keeps custody of its own records and information. (2) After you have identified the information you require and the relevant public institution, your next step is to confirm if a request is necessary. This is because the FOI Act has already stipulated the information and records which public institutions must publish and widely disseminate without waiting for a citizen to make a request. (3) If, however, “2” above did not help you locate the information you require, then you need to make an FOI application requesting the public institution to search its records and make the relevant information available to you. I. Your application should be specific and should reasonably describe the information or records you seek. II. Fax or e-mail requests are acceptable. III. You can only request for existing records as public institutions are not obligated to create a record to meet your request. IV. You are free to request for information in the custody of a public institution irrespective of its format, including maps, photographs, computer disks, and electronic formats. V. Your request should state that it is being made under the Freedom of Information Act VI. You should write “Freedom of Information Request” as part of the heading of your letter and also on the envelope and you should retain a copy for your files. VII. You are not required to give any reason for your request. VIII. Where the information you seek is in an electronic or any other format you have the right to request that the information be provided in that format. IX. Where the public institution maintains the records in one format but you want them in another, the institution must provide the information in the format you desire, subject of course to you having to pay the cost of such reproduction. FEES; CHARGES &COSTS The Freedom of Information Act allows for fees and charges to be imposed for document duplication and transcription where necessary. This is limited only to the actual cost of photocopying the information or records. You have the right to provide a flash or disk and request that the information be “copied” into your device. STEP 2.HOW TO DEAL WITH THE RESPONSE 1. Please recall that you need to reasonably describe the document you seek. a) If the public institution responds that you have inadequately described the documents you require, then you need to rewrite your request and resubmit and or meet with the relevant public institution official to explain exactly what you need. 2. Recall that you are only entitled to existing records I. If the public institution has conducted a reasonable search and it is confirmed that the requested documents do not exist or are not in the possession or control of the institution you will be so informed and there is little more that public institution could do for you in relation to the requested information. II. You may have to continue your search at another public institution. The office of the Attorney General of the Federation could be of help to enable you locate the institution likely to have the information you seek. 3. Recall that fees and charges may be imposed I. Where you refuse or neglect to pay the prescribed fees/charges the public institution is not obligated to bear your costs and may refuse to produce the records/information requested. C. TIMELINE There are specific deadlines for replying to FOI requests:- 1. Where the public institution is in custody of the requested information/records it shall release the information to you within7 days of the receipt of your application/request. 2. Where the public institution is minded to refuse your request it is obligated to inform you, within 7 days; that your request would be denied. 3. Where the information you seek is in the custody of another public institution, the first public institution you applied to shall within 3 days but not later than 7 days after receiving your request, inform you that the information is with another public institution and that your request shall be transferred to that other. EXTENTION OF TIME Though the above time lines have been prescribed to expedite action and provide you the information you seek in a very timely manner. The reality of life in public service is that so many people and issues require the time of public servants and if your request is such that the relevant records or information will take up so much time to search for and be gathered, the public institution is permitted to take a little bit longer in satisfying your request. In this wise section ‘6’ of FOI Act permits the public institution to extend the time for responding to you by a further 7 days. Where, however, the public institution fails to respond to you within the time limit set out in FOI Act, the public institution shall, be deemed to have refused to give access. D. THE EXEMPTIONS. A Public Institution may withhold some or all of the records that you seek if they fall within one or more of the seven exemptions described below. You may challenge a public institution’s decision to withhold the records by approaching the Courts to review the denial. Note: Where a public institution withholds information by reason of one or a combination of more than one of the exemptions, it shall:- i. Indicate whether the information or record exists. ii. Release portions of the records that are not exempt and that can be separated from the exempt portions, iii. Issue you a notification of denial/refusal stating the names, designation and signature, of each person responsible for the denial of such application, iv. state in the notice of denial/refusal given to you:- a) the grounds for the refusal, b) the specific provision of the FOI Act that it relates to and c) that you have a right to challenge the decision refusing access and have it reviewed by a Court. STEP 3. GOING TO COURT The spirit of the FOI Act is such as to ensure that you receive the information you seek from a public institution. Where that information is denied the FOI Act provides a very simple process to enable you seek the intervention of the High Court to review the decision denying you access to information. You have the right to approach the court within 30 days of the refusal to give you the information. Note that the court may allow or fix a time limit above 30 days. You may need to consult a lawyer on this. Note that it is not your duty to prove that the public institution should disclose the information to you. The FOI Act has placed the responsibility on the public institution to prove that the refusal to disclose information to you is permitted by law. If the public institution cannot prove that the requested documents fall within one or a combination of more than one of the seven exemptions, then the Court will order the public institution to disclose the information or records to you. Sir, Agabaidu Chukwuemeka Jideani, is a Human Rights, Governance, Risk & Compliance Expert and may be reached on 08051789348, cepcip@gmail.com ]]>