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To get information under the FOI Act, a written request which describes the information you want is sent to the MDA concerned. But, before sending in your request, ensure that the information you seek is not published on the official website of the MDA.
The relevant provisions of the Act dealing with the processing of requests for information and the applicable timelines are Sections 1 , 3 – 8. Section 1, does the following:
It affirms the primacy of the Act.
It guarantees the right of access to information to citizens and non-citizens alike.
It provides for access to information irrespective of the form in which the information is kept.
It makes custody or possession of the information or record, the basis for the compliance obligation of an institution when dealing with any request for information.
It does not require that the applicant demonstrates any specific interest in the information that he or she seeks.
Section 3 of the Act does the following;
It reiterates the fact that the form in which the information is kept is immaterial.
It grants illiterates and people living with disabilities the right to make their requests through third parties.
It makes provision for oral applications but requires that such be reduced into writing by the relevant officials of the public institution and a copy of the written application made available to the applicant.
It vests authorized officials of public institutions with a duty to assist requesters.
Sections 4 - 8 requires that requests for information or records be dealt with promptly and inexpensively.
The timeline for dealing with request for information is 7days in the first instance.
Within this period, the information is either given to applicant or where he/she is being refused, they should be notified in writing.
The said refusal notice should state the reasons for the refusal and the provisions of the Act on which it is based.
The Act makes provision for any information request received by a public institution to be transferred to another public institution.
The Act uses the expression "greater interest" as what should be guiding principle that triggers any decision to transfer a request for information.
It defines greater interest to mean "where the information was either originally produced in or for the institution or where the institution was the first to have received the information"
The applicant is to be notified of this decision to transfer his/her application to the appropriate institution, including his/her right to have such decision challenged in court.
The maximum timeline for effecting the transfer of any request for information is 7days.
Time to starts to count for the institution to which the request is transferred, on the day that it receives the transferred request.
The Act grants possibilities for extending the timeline for dealing with information requests by an additional 7 days. However this can only be done in two circumstances;
Where the request is for a large number of records and it is impossible to have it concluded within 7 days without unreasonably interfering in the operations of the institution; or
Consultations need to be made within the institution which cannot reasonably be concluded within the original 7 days timeline.
Notification of this decision extending the timeline for processing the request must be given to the applicant.
Such notification should clearly state that it is based on either of both grounds for extension of time as stated above.
It should also contain a statement intimating the applicant of his/her right to have such decision challenged in court.
Where the public institution decides to refuse the applicants request, it needs to do the following;
Give applicant notice of this decision.
Such notification should state the grounds for the refusal, the provisions of the Act on which it is anchored and also intimate the applicant of his/her right to have such decision challenged in court.
The notification should also contain the names, designation and signature of each person that is responsible for the decision to refuse the applicant's request.
The institution is also required to state in the refusal notification whether the information or record does exist in the first place.
The Act also treats failure to give an applicant access to the information that he/she requests for within the timeline stipulated in the Act, as a clear case of deemed refusal.
Where a case of wrongful denial is established, the penalty is N500,000 and it is applicable to either the individual or the responsible institution.
The Act also penalizes the destruction, falsification or alteration of information/records or attempts to do any of these things, all aimed at preventing the effective realization of the public's right to know.
These offences attract a minimum of One year imprisonment, with no option of fine and no upper limit for sentencing.
The fees payable by an applicant is limited to the standard cost of duplication and transcription where necessary, hence no cost should be charged an applicant where none of these are required.
Institutions are required to ensure that they keep, organize and maintain information and records about their activities, businesses, personnel and operations, in a way and manner that facilitates public access to such information.
Institutions also have an obligation to build the capacity of their staff to effectively comply with the provisions of the Act.
It also provides protection for whistle blowers.
PROPOSALS UNDER THE EXTANT GUIDELINES
The extant guidelines classifies processing of information requests into 10 stages. These are referred to as the 10 'R's. These are:
a) Register
b) Read
c) Record
d) Responsibility
e) Retrieve
f) Refer to Others
g) Redact and Seperate
h) Review
i) Reply
j) Release to Publication Scheme Under Section 2
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THE FOI Act 2011: OBJECTIVES
To make public records and information more freely available,;
To provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy,
To protect serving public officers from adverse consequences for disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes.
OBJECTIVES
SCOPE – FOI Act applies to all PUBLIC INSTITUTIONS. A public institution is any Legislative, executive, judicial, administrative or advisory body of the Government, including boards, committees or commissions of the STATE which are supported in whole or in part by public fund or which expends public fund also includes –
Private bodies providing public services, performing public functions or utilising public funds.
Other objectives are to ensure that:
1) public institutions answer applications for information.
2) public institutions practise good records management to ensure that information can be quickly identified, shared and retrieved.
3) Access to any information that is in the custody or possession of any public institution is granted
4) Impediments or bureaucracy is not deployed to frustrate such requests
5) the right to take legal action in Courts to compel any public institution to comply with the Act is available.
EXEMPTIONS TO DISCLOSURE
All government or public institutions are required, subject to certain exemptions, to disclose information pursuant to a request by any person. The exemptions are listed below:
Section 11- Exemption of international affairs and defence.
Section 12- Exemption of law enforcement and investigation.
Section 14- Exemption of personal information.
Section 15- Exemption of third party information.
Section 16- Exemption of professional or other privileges conferred by law.
Section 17- Exemption of course or research material.
Section 19- Denial by a public institution to disclose records.
Exemptions and the public interest
First under the exemptions scheme of the FOI Act there must be some public interest element in the disclosure. This has been explained as carrying some benefit to the public as distinct from arousing public curiosity or amusement.
The second point is that there can be no room for generalizations. Every case has to be determined on the peculiar circumstances and the conflicting interests weighed. The issue requires delicate balancing of the public interest in favour of disclosure and the public interest against it.
Thirdly the competing interests to be considered are the public interest favouring disclosure against the public (rather than private) interest favouring the withholding of information.
REPORTING MECHANISMS UNDER FOIA
SECTION 29 REPORTS ON COMPLIANCE BY PUBLIC INSTITUTIONS
Additionally, section 29 of the Act requires the Honourable Attorney General of the Federation to publish these reports electronically and in print and submit copies to relevant committees of the National Assembly not later than April. See section 29(4). Also, the Honourable Attorney General of the Federation is expected to compile a report on overall compliance with the Act for submission to the National Assembly on April 1 each year.
Section 29(3) also requires the Honourable Attorney General of the Federation to make each report, which has been submitted to him, available to the public in hard copies, online and also at a single electronic access point.
A public institution must submit a report even if a nil entry is recorded under all or any of the sub-paragraphs in paragraph 3.
REPORTING TO THE NATIONAL ASSEMBLY
Section 29(4) of the Act provides 'The Attorney General shall notify the Chairman and ranking minority member of the Committee on Government Reform Oversight of the House of Representatives and the Chairman and ranking minority member of the Committees on Government Affairs and the Judiciary of the Senate, not later than April of the year in which each such report is issued, of the existence of such report and make it available to them in hard copies as well as by electronic means.'
Section 29(7) of the Act provides 'The Attorney-General shall submit to the National Assembly an annual report on or before April 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this Act, the exemption involved in each case, the disposition of such cases, and the cost, fees, and penalties assessed.' And such reports will include detailed description of the efforts taken by the Ministry of Justice to encourage all government or public institutions to comply with this Act.