By Lucky Isibor
The controversy that has dogged the application of the Freedom of Information (FOI) Act has been laid to rest as the Supreme Court of Nigeria in a landmark judgment has unanimously affirmed that the Freedom of Information Act (FOIA) 2011 applies to all tiers of government, including state institutions.
This judgment has no doubt reinforced the desire of the people to enthrone transparency and democratic accountability at all levels of government.
This decision marks a decisive reversal of the 2018 majority judgment by the Court of Appeal, Benin Division, which 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.
The case of Austin Osaku v. EDOSACA SC/614/2014 started in 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 however denied the CSOs by EDOSACA, stating that the law is not applicable in the states, including Edo State. The CSOs went to Court and the Court held that the law is applicable in Edo State and other states.
EDOSACA appealed the judgment to the Court of Appeal in Benin City.
The Court of Appeal in Benin in a unanimous judgment held that the law is not applicable in Edo State and other states in the Country.
Dissatisfied, the CSOs appealed to the Supreme Court of Nigeria and on Friday, 11 April, the Supreme Court upheld the appeal, stating that the law is applicable in both the states and federal levels of government in Nigeria as it is within the legislative competence of the National Assembly to make laws on public records and archives.
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. 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.
This landmark lead judgment of 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. 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.