Introduction

The Freedom of Information Act (FOIA) is an act enacted in 2011 by the National Assembly that helps and grants the public access to information held by public institutions in Nigeria. Hence, the Freedom of Information Act makes public records and information freely available to the public.

FOIA 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 funds, or which expend public funds.

It also includes private bodies that provide public services, perform public functions and utilize public funds.

Objectives of the Freedom of Information Act

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. They grant access to any information that is in the custody or possession of any public institution.
4. They ensure that impediments or bureaucracy is not deployed to frustrate such requests.
5. Public institutions make available the right to take legal action in courts to compel any public institution to comply with the Act.

Exemptions to the Freedom of Information Act

In as much as all government or public institutions are required to disclose information pursuant to a request by any person, they are subject to certain exemptions, which are provided under section 11 to 19 of the FOIA (2011).

It is therefore necessary to note the following:

1. Under the exemptions scheme of the FOIA, there must be some public interest element in the disclosure. This has been explained as carrying some benefits to the public as distinct from arousing public curiosity or amusement.
2. 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.
3. The competing interests to be considered are the public interest favouring disclosure against the public (rather than private) interest favouring the withholding of information.

How to Use the Freedom of Information Act

It will be very beneficial for members of the public that want information from any public institution in Nigeria to make a request to such institution via the following steps:

1. Identify the Agency: Determine which government Agency holds the records you are interested in.
2. Find the FOIA Office: Most agencies have a designated FOIA office or a specific point of contact for FOIA requests. This information can be found on the Agency's website.
3. Prepare Your Request: Requests made under the Agency must be clearly indicated. The applicants must be as specific as possible when describing the records they are seeking. Details like dates, names, subjects, or any other information that will help the Agency locate the records must be included by an applicant. Also, it is necessary to specify the format through which the record will be received. This could be hard copies or electronic copies. Also, the applicant must include contact information by providing his or her name, address, and email address so the agency can contact him or her. Further, If the Agency charges fees for processing the applicants’ requests, they may need to indicate their willingness to pay. They can also request a fee waiver if they are qualified.
4. Submit Your Request: Many agencies have online portals or web forms for submitting FOIA requests, hence, requests can be submitted via email to the Agency's FOIA office. Also, physical letters can be sent to the Agency's FOIA office.
5. Follow Up: It is necessary to keep a record of requests and follow up with the Agency until a response is received from the Agency within the designated timeframe.

Conclusion

In sum, every member of the public has free access to private information from public institutions in Nigeria as long as they follow the due processes outlined above.