Freedom of Information Act, 2011

The Freedom of Information Act 2011 (FOIA) is Nigeria's principal access-to-information statute, signed into law on 28 May 2011 after more than a decade of advocacy. Its purpose is to make public records and information more freely available, to provide for public access to public records and information, to protect public records consistent with the public interest and personal privacy, to protect public officers who disclose certain information without authorisation, and to establish procedures for achieving these aims. In a digital era in which government records are increasingly created, stored and transmitted electronically, the Act functions as a key transparency and accountability instrument and a digital-rights enabler of the public's right to know. The Act confers on any person, citizen or otherwise, the right to access information in the custody or possession of any public official, agency or institution, and an applicant need not demonstrate any specific interest in the information sought. Its reach extends beyond core government to private organisations that provide public services, perform public functions, or utilise public funds. Importantly, the right covers information 'whether or not contained in any written form', which encompasses records held in electronic and digital formats, and the Act obliges institutions to record, organise and maintain their information so as to facilitate access. As a rule, requested information must be provided within seven days, subject to limited extensions. The Act balances access against competing interests through a set of exemptions, including records relating to national defence and security, international relations, law enforcement and investigations, personal privacy, and third-party trade secrets or commercial information, as well as information whose disclosure is restricted by other legislation. A number of these exemptions are qualified by a public-interest override, requiring disclosure where the public interest in the information outweighs the protected interest. On enforcement, any person entitled to information under the Act may institute proceedings in the Federal or State High Court to compel a public institution to comply, and institutions are required to report annually on their FOI activities to the Attorney-General of the Federation. To protect the integrity of records, the Act makes it a criminal offence, punishable by imprisonment, for an officer to wilfully destroy, alter or doctor records before they are released. While implementation has been uneven across federal and state bodies, the FOI Act remains the central legal mechanism for digital-era transparency in Nigeria.

1. 1Establishes a right of any person to access records and information held by public institutions, without the applicant needing to demonstrate any specific interest.
2. 2Extends to private bodies that provide public services, perform public functions or utilise public funds.
3. 3Covers information whether or not in written form, which includes records held in electronic and digital formats.
4. 4Requires institutions to respond, as a rule, within 7 days, and to proactively record, organise and maintain information in a manner that facilitates access.
5. 5Provides exemptions (national security and defence, law-enforcement records, personal privacy, third-party commercial information, and information protected by other statutes), several subject to a public-interest test.
6. 6Creates a right to apply to court to compel compliance, and makes the wilful destruction or alteration of records an offence.