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The Freedom of Information Bill

The freedom of Information (FOI) Bill is a Bill that, if passed into law, will give every Nigerian a legal right of access to information, records, and documents held by government bodies and private bodies carrying out public functions.

 

It applies to all arms of government: the Executive, Legislative and Judiciary as well as to all tiers of government: Federal, State, and Local governments.

 

Nigeria has no law which guarantees citizens access to public records and information. On the contrary, many Nigerian laws have secrecy clauses prohibiting the disclosure of information e.g. the Official Secret Act, the Criminal Code, the Penal Code, etc.

 

Most public servants are made to swear to oaths of secrecy when employed and the general consequence of these is an entrenched culture of secrecy and arbitrariness in government institutions.

 

Anyone requesting information need not demonstrate a special interest in the information.

 

The Bill sets time limits within which government and public bodies must release information requested and provides for judicial review where access to information is denied.

 

There are certain categories of information that are exempted from the general right of access and include such information as: Defence/security matters’ The conduct of international affairs, Law enforcement investigation, Trade secrets, Financial, commercial, and technical and scientific information of economic value.

 

Others include: Personal information, Third party information, Solicitor/client privilege, and Test questions and exam, etc.
 

The FOI Bill has gone though three Readings, a Public Hearing, and been passed at the lower chamber of the National Assembly, the House of Representatives.
 

At the Senate, it has also passed through three readings and a Public Hearing awaiting harmonisation and Presidential assent to become law.
 

The Bill was initially presented to the House of Representatives in June 1999. The inability of the first lower chamber to pass the bill led to its re-presentation in 2003 following the dissolution of the first National Assembly and the inauguration of the second.

 

Click here for the Freedom of Information Bill Originally Sent to the House of Representatives

Click here for the Freedom of Information Bill as passed by the House of Representatives
Click here for the Freedom of Information Bill Harmonised by the Joint Committee of both Chambers (PDF Version)
Click here for the Freedom of Information Bill Harmonised by the Joint Committee of both Chambers (MS Word Version)
 

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© Freedom of Information Coalition (FOIC) 2006