Why FOI Act is key to transparent elections – AGF

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The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has emphasised the crucial role of the Freedom of Information (FOI) Act in promoting electoral transparency and accountability across the country.

Fagbemi stated this at the weekend in Abuja during the Media/CSO roundtable on FOI Act & electoral transparency and accountability, organised by the International Press Centre (IPC), through funding support of the European Union (EU) under the European Union Support to Democratic Governance in Nigeria’s Phase 2 (EU-SDGNII) .

He stated that the FOI Act empowers Nigerian citizens to access information from the public sector, particularly concerning campaign finances, voter registration, and election results.

Since 2011, the FOIA has enabled citizens, journalists, and civil society organisations to access government-held information, including election-related data.

“The citizens of this great country are hereby encouraged to make use of the Act to ensure Public Sector are accountable to them. The Act guaranteed their right to government information without establishing any reason. Therefore, the use of the Act will encourage transparency and accountability in public sector,” he urged.

In his remarks, the House of Representatives spokesman and chairman of the House Committee on Media and Public Affairs, Akintunde Rotimi, Jr., noted the importance of transparency and accountability in governance.

Rotimi reflected on the 14th anniversary of the FOI Act and the progress made in opening up the legislature.

He noted the House of Representatives’ commitment in making the legislature more transparent and accountable through technology, livestreaming plenaries, and publishing committee activities.

“Since the inauguration of the 10th Assembly, under the leadership of Rt. Hon. Abbas Tajudeen, PhD, the House of Representatives has prioritised making the legislature more open, transparent, and accountable to the Nigerian people,” he said.

He also addressed the challenges in implementing the FOI Act, particularly concerning the late or inadequate submission of annual compliance reports.

Rotimi outlined the House’s strategy to address these shortcomings, including enhanced legislative oversight, a legislative review of the FOI Act, strategic engagement and partnerships, supporting subnational adoption, and expanding civic education.

“Transparency is not optional, it is constitutional. Accountability is not a political favour, it is a democratic obligation,” he stressed.

In his welcome address, Mr. Lanre Arogundade, Executive Director of the International Press Centre (IPC), stressed the importance of the FOI Act in advancing transparency, accountability, and participatory democracy in Nigeria.

Arogundade noted the challenges in achieving the transformative effect of the FOI Act, including weak compliance by public institutions and limited awareness among citizens. He stressed the need for renewed commitment from all stakeholders to improve the Act’s effectiveness.

“This roundtable is therefore not merely a ceremonial observance. It is a strategic forum to re-evaluate the use of the FOI Act as a lever for electoral transparency, government accountability, and active citizenship,” he said.

Edetaen Ojo, Executive Director of Media Rights Agenda (MRA), presented a paper on the challenges of compliance and usage of the FOI Act.

He highlighted the institutional resistance to the law, lack of awareness, and weak enforcement mechanisms as major obstacles.

Ojo emphasised the importance of proactive publication of information by public institutions, as required by Section 2 of the Act, and noted the widespread non-compliance with this provision.

He also stressed the need for training of public officials on the FOI Act and the reporting obligations of public institutions.

“I fear, therefore, that for those who would like to see the possibilities that the Act holds for enabling and facilitating transparent, accountable and democratic governance, if we do not make a concerted and determined effort to address the implementation and compliance challenges that have bedeviled the Act, we may simply be mistaking hope for strategy and setting ourselves up for disappointments,” he said.

The Executive Director, Centre for Transparency Advocacy, Faith Nwadishi, stressed the need for accountability, saying citizens need to understand the FOIA to enable compliance.

She however, worried that most women organisations don’t understand the act to use it as when due.

She added that for the act to work it has to be the citizens demanding for it.

“A lot of women’s group font know about the FOIA if for instance we have 50% of the population who are women use the act then compliance will be higher. If citizens are not asking questions and holding people accountable there would definitely be no accountability as the case may be,” she said.