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Supreme Court Rules Freedom Of Information Act Applies To States, Strengthening Democracy
The judgment, overturns a controversial 2018 majority ruling by the Court of Appeal in Benin, which had restricted the application of the FOIA to only federal Ministries, Departments, and Agencies (MDAs).
Abuja, Nigeria- The Supreme Court of Nigeria has unanimously affirmed that the Freedom of Information Act (FOIA) 2011 applies to state institutions, marking a historic step in democratic governance.
The judgment, overturns a controversial 2018 majority ruling by the Court of Appeal in Benin, which had restricted the application of the FOIA to only federal Ministries, Departments, and Agencies (MDAs).
The apex court ruled in favor of the appeal, thereby affirming that the National Assembly holds the legislative competence to enact laws that ensure the disclosure of public records and archives across all tiers of government.
The case, Austin Osaku v. EDOSACA SC/614/2014, arose in January 2014 when a coalition of civil society organizations filed an FOI request to the Edo State Agency for the Control of AIDS (EDOSACA).
The applicants sought crucial information about the HIV/AIDS Program Development Project (HPDP II), including financial records, grants, donor partnerships, and criteria for grant allocations between 2011 and 2014.
President Aigbokhan, Esq., lead counsel for the appellants, expressed his elation at the ruling, describing it as a major milestone for democracy and accountability in Nigeria.
He praised the decision as a model example of how the law should work uniformly across all levels of government, filling the legislative vacuum previously existing in many states.
“This ruling is not just a legal victory; it is a victory for democracy,” Aigbokhan said. “It sets a significant precedent for transparency and accountability at the sub-national level, ensuring that citizens have access to critical public information, regardless of the tier of government involved.”
Justice Lawal Garba JSC, who delivered the lead judgment, dismantled the long-standing excuse used by state governments to deny compliance with the FOIA on the grounds of lacking corresponding state laws.
This ruling unequivocally establishes that all state governments are now bound by the provisions of the FOIA, and must provide access to public records upon request.
This decision has far-reaching implications for civil society, journalists, and citizens who now have a legal backing to demand access to public records from state institutions, ensuring that the quest for openness and accountability extends beyond federal institutions.
