The Supreme Court of Nigeria has ordered the Edo State Agency for the Control of AIDS (EDOSACA) to release detailed financial and operational records to civil society groups, reinforcing the applicability of the Freedom of Information (FOI) Act, 2011, across all states.
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The unanimous decision, delivered on April 11, 2025, by Justice Mohammed Lawal Garba, overturned a Court of Appeal ruling and restored a 2014 High Court judgment, marking a significant victory for transparency and accountability in governance.
The case, SC/614/2018, originated from a 2014 suit filed by a coalition of civil society organizations, including the Foundation for Good Governance and Social Rights Action (FGGSC), Gender Rights Action (GRA), and others, against EDOSACA. Represented by Comrade Austin Osakwe, Dr. Esther Airia, and others, the groups sought access to EDOSACA’s financial records from 2011 to 2013 under the FOI Act. Their requests included details of revenue expenditure, government subventions, donor grants, contract awards, and criteria for civil society grant allocations.
The Edo State High Court in Benin ruled in favor of the appellants on April 29, 2014, affirming their right to the information. However, EDOSACA appealed, and the Court of Appeal (Benin Division) overturned the decision in a 2:1 majority ruling on March 28, 2018, arguing that the FOI Act applied only to federal public records, not state agencies, as Edo State had not domesticated the law.
The Supreme Court, in a judgment authored by Justice Garba, addressed two key issues raised by the appellants: whether the FOI Act, enacted by the National Assembly, is binding on Edo State under the doctrine of “covering the field,” and whether the Act applies to Edo State’s public records and archives. The court also resolved a preliminary objection by EDOSACA challenging the trial court’s jurisdiction.
EDOSACA argued that it lacked juristic personality to be sued, claiming it was not established by any law or incorporated entity. The Supreme Court dismissed this objection, citing Section 1(1) of the Edo State Agency for the Control of AIDS (Establishment) Law No. 3, 2009, which explicitly establishes EDOSACA as a body corporate with the capacity to sue and be sued. Justice Garba emphasized that the clear language of the law rendered the objection meritless, affirming the trial court’s jurisdiction.
On the substantive issues, the Supreme Court held that the FOI Act, enacted under the National Assembly’s legislative powers (Section 4 of the 1999 Constitution), applies to all public records across Nigeria, including those of state agencies like EDOSACA. The court rejected the Court of Appeal’s majority view that the Act is limited to federal records, citing the doctrine of “covering the field.” This doctrine ensures that federal legislation on a subject prevails over state laws, particularly in the absence of conflicting state legislation.
The court noted a prior Court of Appeal decision (CA/AK/4/2017, delivered March 27, 2018) that upheld the FOI Act’s applicability to state records. Justice Garba criticized the Benin Division’s majority for ignoring this precedent, stating that the Court of Appeal lacked authority to overrule its own decisions unless they were made in error, overturned by the Supreme Court, or conflicted with a Supreme Court ruling. The minority opinion in the appealed case, which aligned with the earlier precedent, was deemed correct.
The Supreme Court restored the trial court’s 2014 judgment, granting the appellants’ requests for:
- A declaration that EDOSACA must disclose revenue expenditure, government subventions, and donor grants from 2011 to 2013.
- Details of contracting firms, contract amounts, and criteria for grant allocations to civil society groups.
- Information on local and international donors and related financial reports.
- A declaration that EDOSACA’s refusal to provide the information was illegal and oppressive.
- An award of N500,000 in damages and N2,000,000 in costs against EDOSACA.
The ruling is a significant boost for Nigeria’s FOI Act, reinforcing its role as a tool for holding public institutions accountable. Civil society groups hailed the decision as a victory for transparency, particularly in states where access to public records has been restricted. Auwal Musa Rafsanjani, Chairman of Amnesty International Nigeria, called the judgment “a milestone in ensuring government agencies operate with openness, especially on matters of public interest like HIV/AIDS funding.”
The decision also sets a precedent for other states, clarifying that the FOI Act applies nationwide unless explicitly overridden by state legislation. Legal experts noted that the ruling strengthens the doctrine of “covering the field,” ensuring uniformity in access to public information.
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