MRA Condemns Harassment of Citizens by DSS for Exercising Right to Information under FOI Act

Media Rights Agenda (MRA) today condemned the harassment of the leader of a citizens group by the Department of State Services (DSS) for exercising their fundamental right to request information from the government under the Freedom of Information (FOI) Act, 2011, describing the act of intimidation as unlawful and aimed at undermining the very principles of transparency and accountability that the Act is designed to uphold.

The DSS in Ibeju-Lekki in Lagos State is reported to have called one of the conveners of Ibeju-Lekki Peoples Forum, Mr. Jamiu Olayinka, on telephone in the morning of September 12, 2024 and asked him to report at the DSS office in Ibeju-Lekki at 10am that same day.

Mr. Olayinka said upon honouring the invitation, he was questioned about an FOI request made to the Lagos State Government and subsequent lawsuit filed to enforce compliance with the FOI request over the $100 million reportedly paid by billionaire businessman, Alhaji Aliko Dangote, to the State Government for approximately 7,000 acres of land now occupied by Dangote Refinery, which was compulsorily acquired by the Government without compensation and which the Government claimed to have given to Alhaji Dangote free of charge about nine years ago.

The FOI request was made by De Renaissance Patriots Foundation, a socio-cultural organisation, by a letter dated July 29, 2024, addressed to Lagos State Governor Babajide Sanwo-Olu, asking him to confirm a recent statement by Alhaji Dangote that he paid $100 million as compensation for the land he acquired for his refinery.

Following the Government’s failure to respond, De Renaissance Patriots and the Ibeju-Lekki Peoples Forum filed a suit against the Government asking the Federal High Court in Lagos to compel the government to respond to Alhaji Dangote’s claim, and if the statement is true, to give a detailed account of how the money was collected and what it was used for.

In a statement by its Deputy Executive Director, Mr. Ayode Longe, MRA said:  “The FOI Act was enacted to empower citizens to seek information, foster open governance, and ensure that government activities are transparent and accountable to the public. The harassment of individuals for legitimately exercising their right under the Act by submitting an FOI request and asking the court to enforce compliance is a direct violation of this right and a disturbing affront to the democratic ideals that Nigeria aspires to uphold.”

According to him, the FOI Act affirms the right of any person to access or request information “which is in the custody or possession of any public official, agency or institution howsoever described” while Section 1(3) of the Act also gives any person entitled to the right to information under it “the right to institute proceedings in the Court to compel any public institution to comply with the provisions of this Act.”

Mr. Longe insisted that the rights given to any person by the Act can be exercised by any group or body of persons in the light of the clear definition of a “person” under Section 30 of the Act to include “a corporation sole and body of persons whether corporate or incorporate, acting individually or as a group.”

He therefore called on the government and all relevant authorities to put an immediate end to the intimidation and harassment of citizens seeking information through lawful means, saying that the actions of the DSS not only erode public trust in the government but also violate the legal rights of all Nigerians and members of the public to access information.

Mr. Longe said:  “We urge the government to reaffirm its commitment to the rule of law and the principles of open government by ensuring that citizens can exercise their rights without fear of harassment, intimidation or retaliation. Those responsible for this harassment of citizens should be held accountable for this gross subversion of the Law and abuse of power, while the safety and freedom of those using the FOI Act to seek information must be guaranteed.”

Stressing that in a democracy, access to information is not a privilege but a right guaranteed by Law, he said:  “We stand in solidarity with all citizens courageously and dutifully exercising their right to information and call for immediate remedial action to prevent further abuse of power by any organ or agency of Government.”

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