By SaharaReporters
The Supreme Court of Nigeria has unanimously affirmed that the Freedom of Information Act (FOIA) 2011 applies to all tiers of government, including state institutions.
This decision marks a decisive reversal of the 2018 majority ruling by the Court of Appeal, Benin Division, which had controversially held that the FOIA only applies to federal Ministries, Departments, and Agencies (MDAs).
The apex court allowed the appeal by affirming the decision of the trial court that the National Assembly has the legislative competence to enact laws on public records and archives.
The Court noted that the FOIA, enacted to promote transparency, citizen engagement, and accountability in public governance, is binding across the federation.
It emphasized that the principles of openness, accountability, and citizens’ right to access information are not limited to the federal government but extend to all levels of governance, including states and local governments.
The case of Austin Osaku v. EDOSACA SC/614/2014 started on January 6, 2014, after a coalition of civil society organizations filed a Freedom of Information request to the Edo State Agency for the Control of AIDS (EDOSACA).
The applicants sought detailed records relating to the HIV/AIDS Program Development Project (HPDP II), including financial expenditures, grants, donor partnerships, contract awards, and criteria for grant allocations between 2011 and 2014.
The request was denied, prompting the civil society groups to seek judicial intervention.
The trial court had initially ruled in favor of the appellants, but the subsequent Court of Appeal ruling in 2018 had denied them access to the information.
However, the Supreme Court’s ruling has now reversed that decision, reaffirming the applicability of the FOIA at the state level.
Speaking after the judgment, President Aigbokhan, Esq., lead counsel for the appellants, hailed the ruling as a model decision that addresses not inconsistency in law, but a legislative vacuum at the state level.
He stated, “This is not just a legal victory—it is a victory for democracy.”
Aigbokhan added: “This decision is a major leap for the global campaign for probity, accountability, and transparency, with far-reaching impact on public citizens at the sub-national level. Our laws must work for all. Once again, the Supreme Court has demonstrated its crucial role as a veritable arbiter of democratic ideals.”
He further dedicated the victory to the activists and NGOs in Edo State who stood together to pursue the matter to its logical conclusion, despite numerous obstacles and resistance.
The landmark lead judgment delivered by Hon. Justice Lawal Garba, JSC, dismantles the long-held excuse by some states for refusing to comply with FOIA provisions due to the absence of corresponding state laws.
Meanwhile, with the Supreme Court’s pronouncement, state governments can no longer deny access to public records on the grounds of legislative non-alignment.
As the decision reverberates across the country, it sets a powerful precedent for civil society, journalists, and ordinary citizens alike—ensuring that the quest for an open and accountable government does not stop at the gates of federal institutions.
The ruling is expected to have significant implications for governance, prompting state governments to review their stance on public information access and possibly adopt their own corresponding laws to ensure compliance with the FOIA.
However, this will likely open up more government records to the public, furthering the cause of good governance and transparency at all levels.
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