Kwara: When Peace Oladipo, a Nigerian freelance journalist, submitted a Freedom of Information (FOI) request to the Kwara Ministry of Justice in mid-2024, she encountered unexpected resistance. Investigating the case of an abandoned courthouse in Afon, Asa Local Government Area, where funds had reportedly been allocated but the building remained in disrepair, Oladipo sought records of disbursements and implementation. Her request, however, was denied.
According to News Agency of Nigeria, the ministry, through a letter signed by one of its Principal Counsels, B. O. Banigbe, stated that the FOI Act 2011 did not apply in the state and that the ministry was unaware of the projects in question. The refusal of Oladipo’s request underscores a significant issue in transparency and accountability in some states, where authorities continue to use the non-domestication of the FOI Act as a reason to deny access to public records.
The denial impaired a crucial part of Oladipo’s investigation, forcing her to restructure her story and leaving a lasting impression about a broken public trust. Without access to basic financial records, she was unable to hold the right actors accountable or confirm if the allocated funds were misused or mismanaged.
This challenge is not unique to Oladipo. Dare Akogun, a multimedia journalist with Sobi FM in Ilorin, faced similar hurdles in 2020 while investigating school renovations across the state. His request for contract processes and budget details was also rejected on the grounds of non-domestication of the FOI Act in Kwara.
Adisa Jaji Azeez of Informant247 experienced more stifling consequences in July 2021 when he requested the report of the Justice Adewara-led panel investigating the mismanagement of local government funds. The government replied only once, stating the request was awaiting the governor’s approval, and four years later, no further communication was received.
Yemi Sodiq, also with Informant247, had a mixed experience. While the Ministry of Communications responded to inquiries about the Ilorin Visual Arts Centre, the Ministry of Energy ignored requests concerning the failed Light Up-Kwara project. Similarly, freelance journalist Abdulrasheed Hammad faced bureaucratic delays and eventual denial when seeking details on COVID-19 funds disbursed to Kwara in 2020.
According to the FOI Act 2011, any Nigerian can request access to public records by submitting a written application to a government agency or public institution, which is legally obliged to respond within seven working days. However, an online report as of 2023 indicates that only 91 out of approximately 800 public institutions have complied with the FOI Act by submitting annual reports to the Attorney General of the Federation.
Prof. Abdullateef Alagbonsi, Founder and Coordinator of Elites Network for Sustainable Development (ENetSuD), emphasized the importance of access to information in holding governments accountable. ENetSuD has written over 200 FOI requests to MDAs in Kwara, followed by lawsuits where necessary, despite repeated rejections based on the state’s non-domestication of the FOI Act.
The 2024 FOI Compliance Report assessed 245 Ministries, Departments, and Agencies (MDAs) and found that only 1.22 per cent were fully proactive in disclosing information, 6.94 per cent were partially proactive, and a significant 91.84 per cent were non-proactive. This pattern reflects a broader issue of disregard for the law at both federal and state levels.
The Supreme Court recently affirmed that the FOI Act applies to all 36 states of the federation, regardless of domestication. However, Kwara’s governor forwarded a fresh FOI bill to the State House of Assembly, which some view as an attempt to dilute or delay the application of the Supreme Court’s ruling.
Despite the challenges, journalists and civil society organizations are encouraged to continue making requests under the FOI Act 2011 and to pursue legal action if denied, as the Supreme Court’s ruling establishes their right to access public information.