MRA Commends Supreme Court’s Judgment on FOI Act, Describes it as a ‘Democratic Milestone’

Media Rights Agenda (MRA) has commended Friday’s judgment by the Supreme Court which confirmed the applicability of the Freedom of Information (FOI) Act, 2011 to all tiers of government with the organisation describing it as “a democratic milestone in Nigeria which affirms the principle that governments at all levels are accountable to the public.”

In a statement issued in Lagos, MRA’s Deputy Executive Director, Mr. Ayode Longe, noted that the Supreme Court’s decision has strengthened the legal foundation for open government and provided additional impetus for the media, civil society organisations and citizens across the country to fight corruption and work to eradicate the scourge of secrecy in all our public institutions.

Mr. Longe said: “MRA is obviously pleased by the judgment of the Supreme Court confirming what has always been our position on this issue, that the FOI Act is binding on all public institutions at federal, state, and local government levels. It is a historic decision that has finally settled this issue and we see it as a resounding victory for transparency, accountability, and the right of every Nigerian to access information held by public institutions, regardless of their state of residence or the level of government involved.”

He noted that “over the last 14 years, some state governments and institutions have claimed that the FOI Act only applies to federal public institutions because they had not “domesticated” it in their respective states. This was obviously a ploy by such state governments to avoid being transparent or accountable as nothing stopped them from passing their own freedom of information laws if they genuinely believed that the Law passed by the National Assembly did not cover their institutions and agencies. The Supreme Court’s judgment brings an end to that long-standing uncertainty, which we believe to have been contrived by state governments that did not want to be accountable.”

Saying that the judgment sends a clear message to all governments no public institution in Nigeria is above the duty to be transparent, Mr. Longe commended the courage, foresight and steadfastness of the litigants and their legal representatives who pursued the matter to the highest court of the land. 

He also applauded the Supreme Court for upholding the principle that the public has a right to know how they are governed, including how public resources are managed.

Mr. Longe said: “Media Rights Agenda calls on all public institutions, especially at the state and local government levels, to immediately begin implementation and ensure full compliance with the FOI Act, including by responding to requests for information, proactively publishing all information subject to proactive disclosure, designating FOI Desk Officers as required by Act, and instituting efficient and effective procedures for members of the public applying for information.”

He urged civil society organisations, the media, and citizens across the country to make full use of the law to demand accountability from public institutions at all levels and participate meaningfully in governance.

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