The Supreme Court ruled on Friday that Nigeria’s FOI Act covers all tiers of government, including state institutions. The judges rejected arguments by state governments that the FOI Act does not bind them. The ruling marks a significant victory for transparency and accountability in public governance.
A coalition of civil society groups filed the case on January 6, 2014, after Edo State’s EDOSACA denied an FOI request. The request sought records on the HIV/AIDS Programme Development Project between 2011 and 2014. The Federal High Court originally sided with the petitioners, but the state government later appealed. The Court of Appeal in Benin reversed the decision and held that the FOI Act applied only to federal MDAs. However, the Supreme Court overturned the appeal court’s decision, affirming that the FOI Act governs all public institutions nationwide.
After the ruling, President Aigbokhan, lead lawyer for the petitioners, said, “This is not just a legal victory—it is a victory for democracy.” He stressed that the FOI Act must benefit all citizens by promoting openness. He added, “Our laws must work for everyone. The Supreme Court has shown its vital role as the arbiter of democratic ideals.”
The FOI Act, enacted in 2011, emerged after a long campaign by journalists and civil society groups. Initially drafted in 1993, the bill faced misconceptions and delays until President Jonathan signed it into law. For years, many of Nigeria’s 36 states refused to implement the legislation, claiming it applied only to federal institutions. The Supreme Court ruling now eliminates that obstacle, ensuring all states comply.
The decision reinforces the constitutional right of citizens to access public records. Legal experts predict that this will lead to increased accountability among state officials. The ruling also signals a new era for Nigeria’s public transparency efforts, as institutions must now honour the FOI Act fully. With this judgment, the court urges all public bodies to review their policies and ensure they meet the Act’s standards. This development marks a major step forward for democracy and open governance in Nigeria.
