Note: FOIA LECTURE: information is the oxygen of democracy.

A. Definition of FOIA 2011 (section 1)

The acronym simply means Freedom of Information Act.

FOIA is defined as a law that provides for public access to public records and information.

It is called FOIA 2011 or Freedom of Information Act 2011 this is because it was signed into law on the
28th May, 2011 by then President, Dr Goodluck Ebele Jonathan.

B. Reasons For FOIA

* to make public or govt records and information more freely available

* provide for public access to such records and info

*to protect govt records and info and personal privacy

*protect officers (whistleblowers) from adverse consequences of disclosing info without authorization,
etc

C. Who Does FOIA Apply To

FOIA applies to any institution under the control of govt, Legislature, Executive, Judicial, Administrative
or Advisory body of the govt including: Ministries, Departments, Agencies, Boards, Commissions,
Committees at the Federal, State and LGA level.

It also applies to subsidiary bodies funded fully or partly by govt/public funds

It equally applies to all companies in which the govt has a controlling interest (Network companies,
petroleum companies, etc) and also private bodies providing public services or utilizing public funds like
PHCN, etc.

D. Records Subject To FOIA ( section 2)

All records or information held by public institutions regardless of the format in which they are kept:
files, letters, databases, emails, notebooks, videos, audios, etc

It grants the public access to information and records in the control of the government and its agencies.

E. Scope of FOIA ( section 3)

Anyone can request for records or information be it man, woman, young, old, literate or uneducated,
etc

It is a powerful tool but which is grossly underutilized

FOIA Encourages Transparency and Accountability by

Ensuring and mandating institutions to:

* create records

*provide records (through proactive disclosure ie via the Internet, journals, etc)

*maintain records

*update records

*protect serving officers/public officers

*support applicants (FOIA applicants requesting for info)

F. What Is The Significance Of FOIA*

Brings improvement in service delivery

Encourages maintainance of institutional memories or records

Encourages citizens participation in governance

Brings about citizens satisfaction

Breeds trust in government

Encourages a smooth stakeholders relations management

Encourages transparency and accountability in public institutions

Encourages proactive disclosure of records or information by public institutions

G. There Are Records/Info Exempted from Disclosure Under FOIA (section 11, 12,14,15,16, 17, 18 and
19) must pass three part test: legitimacy, harm and public interest

* info that is classified to protect national security

*info related solely to internal personnel rules/practices of an agency ie personal records of employees

*info prohibited from disclosure by another Federal law ie Criminal code law, secret code law, etc.

*trade secrets or commercials or financial info that is confidential or privileged

*info that if disclosed would invade another individual's personal privacy

*info compiled for law enforcement purposes

*geological information on wells

*info that concerns the supervision of financial institutions

*international affairs and defence

* exemption of course or research material

*exemption of third party info ie doctor/patient, lawyer/client, etc

FOIA exemptions can be found in sections 11 - 19 excluding 13.

H. FOIA Applications (section 4)

Applications must be treated within 7days but may with the agreement of the applicant depending on
the record being asked for be extended for a maximum of 7 days. Failure to disclose disclosable info
attracts a fine of 500,000

08 I. Limitations To FOIA

*poor culture of record keeping/maintainance by public institutions

*widespread corruption

*high level of ignorance of FOIA and its provisions by the public

*frustrating and time consuming bureaucracy in public service

*capacity challenge in public institutions (lack of trained officers to handle FOIA matters

J. Sections under FOIA (32 sections in all)

1. Rights of Access to records

2. Information about public institution (creation of records)

[Link] for access to records

[Link] for granting or refusing applications (7 days)

5. Transfer of applications

6. extension of time limit for granting or refusing application (maximum of seven days for consultation
or referral with consent of applicant)

7where access is refused (reasons and section must be cited)

8 fees( administrative charges only)

9record keeping and maintenance of records

10 destruction or falsification of records(is a criminal offence liable to one year imprisonment)

11exemption of international affairs and defence

12 exemption of law enforcement and investigation

13 training of officials on the right to information and on the effective implementation of the Act

14 exemption of personal information

15 exemption of third party information

16 exemption of personal or other privileges conferred by law (clients, patients, residents, journalist,
student,etc)

17 exemption of course or research materials

18 severability ( disclosing only the disclosable aspect of an exemption)

19 denial by a public institution to disclose records ie test questions, scorring keys,etc

20 judicial review (of denials upon application within 30days)

21 hearing of application in a summary way in court

22 access to (denied) information by the court

23 court to take precautions against disclosing information

24 burden of proof (shall be upon the public institution)

25 order to disclose information

26 exempted materials ie published materials/book for sale, Library/museum materials for exhibition
etc

27protection of public officers (whistle blowers)

28 documents under classification

29 submission of reports on FOIA (by public institutions on or before 1st February of each year to the
Attorney General of the Federation

30 complimentary procedures (terms definitions)

31interpretation

32 citation (endorsements by concerned persons)

K. FOIA Vanguards CDS Group

This is a group of trained corps members saddled with the responsibility of enlightening their host
community in order to get rid of some of the limitations or challenges to FOIA.
They carry out advocacy visits and enlightenment programs to institutions, offices, schools, etc in their
locality

They engage the people of their host community in FOIA and improve feedback

They innovate. They creatively and innovatively pass the message and knowledge of FOIA to the
community ie by organizing seminars, quiz, debates, etc on FOIA

Train and encourage institutions and schools on how to create, maintain and manage datas

Carry out projects ie erecting banners, signpost, or other lasting legacies at strategic places in the host
community

Submission of reports in hard and soft copies (twice a year) on activities with action pictures to the desk
officer.

Being a part of the FOIA vanguard is a plus to your CV/Resume and gives you an edge when applying for
jobs esp in Anti-corruption institutions/bodies, NGOs, etc.

Remember, everyone has the *right to know*

our slogan

FOIA : RIGHT 2 KNOW