Strengthening the implementation of the Freedom of Information Act (NG0049)

Thematic Area: Access to Information

Commitment: Strengthen the full implementation and operationalization of the Freedom of Information Act (FOIA) 2011 by enhancing compliance by public institutions, improving responsiveness to information requests, and fostering inclusive citizen participation.

Brief Description of Commitment: This commitment seeks to promote transparency, accountability, and good governance by strengthening the implementation of the Freedom of Information Act (FOIA) 2011 in Nigeria. It aims to ensure that public institutions fully comply with FOIA provisions by improving their responsiveness to information requests, institutionalizing best practices in record-keeping, and fostering a culture of openness. It will also support inclusive citizen participation by empowering civil society and the public to engage in the oversight, monitoring, and evaluation of FOIA implementation across all levels of government.

General Problem/Challenge Addressed by the Commitment:
- Low Compliance by Public Institutions: Many Public Institutions have not fully complied with the provisions of the FOIA, particularly in proactive disclosures and timely responses to requests.
- Delays and Denial of Information Requests: Citizens and civil society often face prolonged delays, unjustified denials, or no response at all when submitting FOI requests.
- Weak Institutional Capacity: Many public institutions lack trained FOIA desk officers, proper record-keeping systems, and the tools needed to handle information requests efficiently.
- Limited Public Awareness and Engagement: A large portion of the population, especially at the grassroots, remains unaware of their rights under the FOIA or how to exercise them.
- Lack of Accountability for Non-Compliance: There are currently weak or no enforcement mechanisms to hold public institutions accountable for FOIA violations.
- Poor Monitoring and Reporting: Inadequate monitoring, evaluation, and reporting mechanisms make it difficult to assess FOIA implementation progress or identify areas for improvement.
- Exclusion of Citizens from Oversight Processes: Citizens and civil society organizations are often left out of FOIA implementation and oversight, reducing opportunities for transparency and public trust.
- Insufficient Political Will: In some cases, a lack of commitment from leadership within public institutions hinders proactive disclosure and information sharing.

Specific OGP Issue(s) in Focus:
- Access to Information: Central to this commitment is ensuring that citizens have timely and unrestricted access to public information, a core principle of OGP.
- Transparency: Promotes transparency by encouraging proactive disclosures and openness in the operations of public institutions.
- Public Accountability: Enhances accountability by making it easier for citizens and civil society to hold government institutions responsible for their actions and decisions.
- Anti-Corruption: Participation: Encourages inclusive citizen engagement in FOIA monitoring, implementation, and feedback processes. By improving access to information, the commitment helps uncover corruption, misuse of public funds, and inefficiencies in public service delivery.
- Technology and Innovation for Openness: Encourages the use of digital platforms and innovations to streamline information request processes and facilitate proactive disclosures.
- Rule of Law and Legal Frameworks: Strengthens adherence to legal provisions under the FOIA and promotes legal reforms or policy directives to ensure effective enforcement.
- Open Justice: Supports transparency in the justice system by promoting the public's right to access legal information and court decisions.

Rationale for the Commitment: The Freedom of Information Act (FOIA) 2011 is a cornerstone of Nigeria's efforts to promote transparency, accountability, and good governance. However, over a decade since its enactment, compliance across public institutions remains weak. Many Ministries, Departments, and Agencies (MDAs) either ignore information requests, respond inadequately, or fail to proactively disclose critical public information, thereby undermining citizens' right to know. This commitment is necessary to bridge the gap between policy and practice by addressing systemic issues such as poor institutional capacity, low public awareness, and lack of enforcement mechanisms. It will support the institutionalization of transparency and open governance through capacity-building, digital innovations, strengthened oversight, and increased civic participation. Nigeria can enhance public trust, reduce corruption, and foster more inclusive and informed civic engagement which are key pillars of the Open Government Partnership (OGP) by improving FOIA response.

Main Objective: To strengthen the full and effective implementation of the Freedom of Information Act (FOIA) 2011 by improving institutional compliance, enhancing the responsiveness of public institutions to information requests, and promoting inclusive citizen participation in transparency and oversight processes.

Anticipated Impact: The strengthened implementation of the FOIA 2011 is expected to lead to increased transparency and accountability in public service delivery. Citizens will have improved access to timely and accurate public information, enabling them to make informed decisions and participate meaningfully in governance. Public institutions will become more responsive and open, thereby building public trust, dissuading corruption, and promoting a culture of openness and integrity across all levels of government. This will contribute to a more transparent, inclusive, and accountable democratic system in Nigeria.

Expected Outcomes | Milestones (Performance Indicators):
1. Increased compliance with FOIA by public institutions
- Percentage of Public Institutions with functional FOIA units or designated desk officers
- Number of Public Institutions that submit annual FOIA compliance reports
- Number of Public Institutions regularly publishing proactive disclosures on their websites
- Frequency of FOIA training sessions conducted for public officials
2. Improved responsiveness to information requests
- Average response time to FOIA requests across Public Institutions
- Percentage of FOIA requests responded to within the legally required timeframe
- Number of FOIA requests granted, denied (with reasons), or appealed
- User satisfaction ratings with the FOIA request process (via surveys)
3. Increased citizen awareness and use of FOIA
- Number of FOIA requests submitted by citizens, CSOs, and journalists annually
- Number of public sensitization or awareness campaigns conducted
- Percentage increase in public knowledge of FOIA rights (based on pre/post surveys)
- Number of civil society-led FOIA monitoring or advocacy initiatives.
4. Strengthened civil society and citizen oversight of FOIA implementation
- Number of CSOs actively monitoring and reporting on FOIA implementation
- Frequency of multi-stakeholder engagements or FOIA implementation review meetings
- Number of policy recommendations or reforms initiated as a result of citizen or CSO engagement
- Creation and use of a public FOIA performance scorecard for Public Institutions.
5. Use of technology and innovation to support FOIA implementation
- Development and launch of a centralised FOIA portal or digital dashboard
- Number of public Institutions integrating FOIA functionalities into their websites
- Percentage of FOIA requests submitted or tracked online
- Availability of open data sets and downloadable public information on official platforms

Planned Activities | Start Date | End Date | Expected Output(s) | Output Indicator(s):
1. Conduct FOIA compliance training for public institutions | Jan 2026 | Dec 2029 | Improved knowledge and capacity of FOIA desk officers and public officials | Number of FOIA compliance trainings conducted for public institutions; Number of public officers trained; Number of FOIA desk officers trained
2. Develop and disseminate FOIA compliance guidelines and toolkits | Jan 2026 | Dec 2029 | Standardized FOIA compliance materials adopted across MDAs | FOIA compliance guidelines developed; FOIA toolkits developed; Number of MDAs using the FOIA compliance guidelines and toolkit; Number of toolkits disseminated; Number of compliance guidelines disseminated
3. Establish/strengthen FOIA desk units in Public Institutions | Jan 2026 | Dec 2029 | Functional FOIA desks across target public institutions | Number of MDAs with designated FOIA units; Number of MDAs with designated FOIA Desk officers; Number of MDAs with functional FOIA desks
4. Launch public awareness campaigns on FOIA rights | Jan 2026 | Dec 2029 | Increased public understanding and use of FOIA | Number of public awareness campaigns on FOIA held; Population reached (estimated)
5. Develop a central FOIA portal for tracking and submitting requests | Jan 2026 | Dec 2029 | Enhanced access to public information and transparency | FOIA portal developed and functional; Number of FOIA requests submitted via the FOIA portal
6. Conduct annual FOIA performance assessments of MDAs | Jan 2026 | Dec 2029 | Evidence-based evaluation of FOIA compliance levels | Number of annual assessments conducted on FOIA compliance of MDAS; Number of FOIA performance reports produced; Number of citizens Satisfaction surveys held on the FOIA.
7. Organize FOIA stakeholder roundtables and policy dialogues | Jan 2026 | Dec 2029 | Strengthened collaboration between government, CSOs, and citizens | Number of FOIA roundtables/dialogues held; Number of participants in attendance
8. Support CSO-led FOIA monitoring and advocacy initiatives | Dec 2025 | Jan 2029 | Enhanced citizen oversight of FOIA implementation | Number of CSO advocacies held on the FOIA; Number of FOIA monitoring reports produced by CSOs
Source(s) of Funding: Federal Government Budget and Donor Agencies