Supreme Court affirms Freedom of Information Act is applicable to states, all tiers of govt

The Supreme Court on Friday ruled that Nigeria’s Freedom of Information (FoI) Act applies to all tiers of government, including state institutions.

Contrary to the arguments many state governments have canvassed over the years to dodge compliance with the FoI Act, a federal legislation, the court held that the National Assembly is competent to enact laws on public records and archives.

The court held that the matter falls within the constitutional purview.

The judgement is a milestone for the 14-year-old legislation, whose implementation has encountered challenges due to limited commitment to transparent and democratic governance in the country.

Hiding under legal cover that the federal law was not applicable to the states is one of numerous strategies public institutions and their officials have devised to escape compliance with the law.

Many federal institutions, which agree they are bound by the law, ignore FoI requests without consequences.

The case leading up to Friday’s judgement of the Supreme Court was filed on 6 January 2014 by a coalition of civil society organisations following the denial of an FoI request by the Edo State Agency for the Control of AIDS (EDOSACA).

The applicants sought detailed records relating to the HIV/AIDS Programme Development Project (HPDP II), including financial expenditures, grants, donor partnerships, contract awards, and criteria for grant allocations between 2011 and 2014.

Displeased with the action of the state agency, the applicants approached the Federal High Court for a judicial review. The court ruled in favour of the applicants, but the state government appealed to the Court of Appeal, Benin Division.

The Court of Appeal reversed the decision and held that the law was not applicable to the states.

However, Friday’s judgement of the Supreme Court overturned the 2018 majority ruling of the Court of Appeal, which held that the FOI Act only applies to federal Ministries, Departments, and Agencies (MDAs).

Speaking after the judgment, the applicants’ lead lawyer, President Aigbokhan, hailed the ruling.

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“This is not just a legal victory—it is a victory for democracy,” Mr Aigbokhan said, “This decision is a major leap for the global campaign for probity, accountability, and transparency, with far-reaching impact on public citizens at the sub-national level. Our laws must work for all. Once again, the Supreme Court has demonstrated its crucial role as a veritable arbiter of democratic ideals.”