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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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