The Media Rights Agenda (MRA) has called on lawmakers across national and state houses of assembly to make greater use of the Freedom of Information (FOI) Act, 2011, as a legal tool to obtain information from executive agencies. This, MRA says, will strengthen evidence-based law-making, improve committee investigations, enhance budget oversight, and promote transparency and accountability in public administration.
FOI Act as a Tool for Legislators
In a statement, MRA noted that experiences from other countries show FOI laws are not just for journalists and civil society organisations. Legislators can use them as statutory tools to reinforce constitutional oversight powers, especially when executive agencies delay or withhold information through ordinary parliamentary channels.
MRA’s Legal Officer, Mr Monday Arunsi, stated that while the constitution empowers the legislature to conduct oversight through committee hearings and investigations, the FOI Act provides an additional avenue for legislators and committees to obtain official records for informed law-making and effective oversight.
Right of Access to Information
According to Arunsi, the right of access to information under the FOI Act is available to “any person” without needing to demonstrate a specific interest. Legislators enjoy the same statutory right as every other person to request and receive information from public institutions.
Noting that legislative committees often complain about refusals to provide documents or cooperate with oversight, Arunsi advised lawmakers to invoke the FOI Act, which imposes clear obligations on public institutions to disclose information within timelines and provides remedies for unlawful denial.
Reinforcing Oversight, Not Diminishing Authority
Arunsi stressed that using the FOI Act should not be seen as diminishing the legislature’s constitutional authority but as reinforcing the principle that public information belongs to the people and that officials are accountable for public resources and functions.
Legislators actively using the FOI Act would also serve as role models for citizens, civil society, journalists, and researchers, demonstrating the value of access to information in promoting participatory governance and public accountability.
Examples from the United Kingdom
Arunsi cited examples from the United Kingdom, where MPs and members of the House of Lords have used the Freedom of Information Act, 2000, to obtain information from government departments when other parliamentary mechanisms proved inadequate. Though primarily used by opposition MPs, they often combine FOI requests with parliamentary questions, debates, and committee inquiries. The law has been especially useful for obtaining documentary evidence not easily secured through parliamentary questions alone.
UK parliamentarians have used FOI requests to obtain NHS waiting time statistics, government spending records, police and crime data, immigration statistics, education funding allocations, environmental information, and departmental correspondence. Such disclosures have informed parliamentary debates and committee investigations.
Recommendations for Nigerian Legislators
Arunsi urged Nigerian legislative committees to systematically use the FOI Act to seek budget implementation reports, procurement records, contract documents, public expenditure details, travel expenses of officials, audit reports, personnel records, environmental impact assessments, policy documents, concession agreements, public-private partnership arrangements, and other records necessary for effective oversight.
