FOI: Lawyer Sues Federal Govt Over Ban On Disclosure Of Public Records By MDAs

FOI Counsel, an expert Freedom of Information law firm, has filed a lawsuit against the Federal Government for its deliberate suppression of public information.

On February 20, 2024, the Head of Civil Service of the Federation issued a circular with Ref No: HCSF/3065/VI/189 directing that no civil servant should leak sensitive official records in Ministries, Departments, and Agencies (MDA), since this is embarrassing to the government and unacceptable.

The circular also reaffirms the circular on “Unauthorised Circulation of Official Documents/Information on Social Media” Ref. No. HCSF/3065/Vol.1/94, dated August 2, 2021, as well as other restrictions preventing the unauthorised disclosure or leaking of official materials.

In the case of FOI Counsel v Attorney General of the Federation (Suit No: FHC/B/CS/24/2024), the petitioner seeks a declaration of leave for judicial review of the directive, claiming that it violates Section 39 of the Federal Republic of Nigeria’s 1999 Constitution, the Freedom of Information Act of 2011, the Guidelines on Implementation of the Freedom of Information Act of 2013, and other open government legislation.

On May 28, 2011, Nigeria became the fifth African nation to enact a freedom of information law. The law’s development raises hopes for administrative record management and penalties for violations.

These were contained in a statement by Aigbokhan President and co-founder of FOI Counsel.

President Aigbokhan stated that the Act’s primary goal is to streamline public access to governance and empower citizens to participate in government decision-making.

“Ironically, the purpose for passing the Act is endangered by the latest Federal Government directive contained in a circular signed by the Head of Service”.

In the words of the president, “Data available already shows MDAs have poor record keeping standards and it inevitably impacted by the traditional official secrecy of public records as directed by the circular.

“The circular’s anticipated closure, which ultimately leads to lawsuits as lawyers’ fees to fight FOI requests top MDA’s budgets, when litigation should be the pill rather than the snack. Records and information are being routed through the courtroom rather than administrative desks.”