A short explanation of the FOI Bill by Fúnmiláyò Akinòsì:

Your rights:
You have the right to request for information, whether written or otherwise from a public institution. You don’t have to explain why you need the information and you can even go to court to compel the institution to comply. Illiterate or disabled applicants may apply through a third party. There will be a formal application that applicants may use. In any case, you don’t even require a written application. You could verbally request that an authorised official of a public institution provides the information. (S)he will now write it and provide you a written application. This may not be advisable for evidentiary reasons.

Who can you ask?
You may demand from any ‘public institutions’. These include the three arms of government: executive (e.g. President), legislature (e.g. lawmakers), judiciary (courts), as well as any parastatals supported by public funds (e.g. PHCN). More importantly, you may demand for information from private bodies providing public services (e.g. ppps), who perform public functions or utilise public funds. All public institutions are required to now keep records of their operations and businesses. Specific information is provided in section 3 (3) of the law. It is now a criminal offence to wilfully destroy records or alter them.

What you may be told:
The public institution to which the application is directed may provide the information to the applicant within 7 days of the request. It may also deny the application and give written notice of such denial within the same 7 day period. This notice must explain why it denied your request and state whether the information exists. Where the institution fails to give notice within the 7 day period, it is deemed to have refused to give access. If the public institution thinks that another institution has greater interest in the information, it must transfer the application within 3-7 days and also inform you. This period is not set in stone. It may delay the transfer if it can show that the application is for a large number of records and that the 3-7 day period will reasonably interfere with its operations, or that it requires more time to make consultations.

When can a public institution say no?
You may not invoke the FOI to receive published material, or material available for purchase or public reference materials. You may not receive access to ‘personal information’. This is defined in section 15(1) and includes information for tax assessment; files on financial, medical, or educational services from public institutions. A public institution can also deny information that contains trade secrets, financial information, proposals and bids for contracts, grants, etc. Additional information is provided in section 16 (1). You can ask for a waiver of these provisions where public interest ‘clearly’ outweighs the protection of the individual’s privacy. Individuals or institutions may also consent to provision of the information.

A public institution may also refuse access where disclosure is injurious to the conduct of international affairs and the defence of the Federal Republic of Nigeria or where it would derive a person of fair trial or disclose the identity of a confidential source. Additional cases are in section 13 (1).

You may not receive information on test questions, course or research materials prepared by faculty members scoring keys for examination, library circulation and records identifying library users, among others. Other information is provided in section 20. The same public interest waiver applies to these cases. For example, you may not demand for a copy of President Jonathan’s Ph.D. thesis except the court agrees that public interest outweighs his private rights.

What can you do if a public institution says no?
Where the institution fails to give notice within the 7 day period, it is deemed to have refused to give access. Where you have been refused, you may apply to court for a review within thirty days. The court may extend time to apply within that period. Where wrongful denial of access is established, the defaulting officer or institution shall be liable to a N500,000 fine on conviction.

Money matters - Fees:
The only fees required under the FOI are standard charges for duplication and where necessary, transcription. This does not exclude charges under any other laws.


Fascinating (lawyer) stuff:

Burden of proof of authorised denial is on public institution. This means that all you have to do is say that the institution refused your application and leave it to show that it the refusal was valid. *yawn*

The Official Secrets Act is no longer an excuse to restrict access. A public institution cannot deny access to part of a record containing results or product of environmental testing carried out by or on behalf of a public institution.

Downside

It looks like each state has to sign its own Freedom of Information Law. The National Assembly can only make laws for the public records of the federation and not the states.

http://funmilayo..com/2011/06/freedom-of-information-act-2011-good_05.html

This is a good start, because corruption grows and festers under secrecy.

Good!
I can now demand info. on all the profiles of NL chicks so as to knw who to choose as my , , u knw the rest.

Good at least no more burning of govt files house in some states e.g. Imo

@poster thanks fir this. I posted somethin similar to this in the education section but no response. Here it is:

Education/Freedom Of Information (foi) And Importance To Education.
on: June 03, 2011, 08:49 AM

With President Goodluck Jonathan signing into law the Freedom of Information Bill, it is important for we the students to have a good understanding of its provisions.
Please can anyone educate us on the importance of FOI to our education in Nigeria.
There's still problem of private and public offices holding on to their data and vital information whenever schools and students request for them for one purpose or the other, mainly for research on final year projects?
Does the FOI answer these problem and what happens if any officer or institution defaults by refusing to give access to information.
We need good contributions!
Thanks.

It is also time for those who have information(email addresses of their private contacts in ministry offices/agencies) to think of making that information available to people so they can also request information that is now freely available to ALL, and not just the "connected" anymore.

Kobojunkie:

It is also time for those who have information(email addresses of their private contacts in ministry offices/agencies) to think of making that information available to people so they can also request information that is now freely available to ALL, and not just the "connected" anymore.

Do you really think a law (among the thousands already there) is going to change the way Nigerians do things? Believe me this is not America, maybe in 4 or 5 years. Till then it is the "connected" that will be attended to under this new law.

This is a great developmet, kudos to GEJ

Johndoe100:

Do you really think a law (among the thousands already there) is going to change the way Nigerians do things? Believe me this is not America, maybe in 4 or 5 years. Till then it is the "connected" that will be attended to under this new law.

Why not? You just watch and see, you should be aware that the level of enlightenment in this country is greatly improving. This is what made the developed country developed.

I really miss Chief Gani Fawehinmi. If he was alive, FOI requests from his office would be making waves already.

I am still need to read and understand the provisions of the FOI Bill. Does anyone know how i can get a copy of the Bill? If downloadable, please advice me of the site. Thank you.

anishe:

I am still need to read and understand the provisions of the FOI Bill. Does anyone know how i can get a copy of the Bill? If downloadable, please advice me of the site. Thank you.

[size=14pt]
The Final Version Of The FOI Bill As A Downloadable PDF[/size] <<fixed>>

Seun:

I really miss Chief Gani Fawehinmi. If he was alive, FOI requests from his office would be making waves already.

Sooo sooo right.

Hopefully, a young brilliant lawyer out can will realize he can make a name for himself with this.

Good stuff but I think some public institutions will hide under flimsy excuses to deny the public access to information.

Nice.
Hope they won't ask for printing costs

Nice

Seun:


Downside

It looks like each state has to sign its own Freedom of Information Law. The National Assembly can only make laws for the public records of the federation and not the states.

Crap! I didn't realize this when I read the bill. If I remember right, Lagos has already passed its own FOI law a few years ago. I'm sure most of the other state governors will never agree to sign such a bill. It will expose present and former governors and civil servants to too much embarassment.

Corruption at the local and state level is too crude to escape notice when the public can see all the books.

mkpologwu:

Good!
I can now demand info. on all the profiles of NL chicks so as to knw who to choose as my , , u knw the rest.

mind u NL chicks re not free,
dey re pay as u go.

;d ;d ;d ;d

cool, lets use it judiciously and for our common good. . .

Seun:

A short explanation of the FOI Bill by Fúnmiláyò Akinòsì:

Your rights:
You have the right to request for information, whether written or otherwise from a public institution. You don’t have to explain why you need the information and you can even go to court to compel the institution to comply. Illiterate or disabled applicants may apply through a third party. There will be a formal application that applicants may use. In any case, you don’t even require a written application. You could verbally request that an authorised official of a public institution provides the information. (S)he will now write it and provide you a written application. This may not be advisable for evidentiary reasons.

Who can you ask?
You may demand from any ‘public institutions’. These include the three arms of government: executive (e.g. President), legislature (e.g. lawmakers), judiciary (courts), as well as any parastatals supported by public funds (e.g. PHCN). More importantly, you may demand for information from private bodies providing public services (e.g. ppps), who perform public functions or utilise public funds. All public institutions are required to now keep records of their operations and businesses. Specific information is provided in section 3 (3) of the law. It is now a criminal offence to wilfully destroy records or alter them.

What you may be told:
The public institution to which the application is directed may provide the information to the applicant within 7 days of the request. It may also deny the application and give written notice of such denial within the same 7 day period. This notice must explain why it denied your request and state whether the information exists. Where the institution fails to give notice within the 7 day period, it is deemed to have refused to give access. If the public institution thinks that another institution has greater interest in the information, it must transfer the application within 3-7 days and also inform you. This period is not set in stone. It may delay the transfer if it can show that the application is for a large number of records and that the 3-7 day period will reasonably interfere with its operations, or that it requires more time to make consultations.

When can a public institution say no?
You may not invoke the FOI to receive published material, or material available for purchase or public reference materials. You may not receive access to ‘personal information’. This is defined in section 15(1) and includes information for tax assessment; files on financial, medical, or educational services from public institutions. A public institution can also deny information that contains trade secrets, financial information, proposals and bids for contracts, grants, etc. Additional information is provided in section 16 (1). You can ask for a waiver of these provisions where public interest ‘clearly’ outweighs the protection of the individual’s privacy. Individuals or institutions may also consent to provision of the information.

A public institution may also refuse access where disclosure is injurious to the conduct of international affairs and the defence of the Federal Republic of Nigeria or where it would derive a person of fair trial or disclose the identity of a confidential source. Additional cases are in section 13 (1).

You may not receive information on test questions, course or research materials prepared by faculty members scoring keys for examination, library circulation and records identifying library users, among others. Other information is provided in section 20. The same public interest waiver applies to these cases. For example, you may not demand for a copy of President Jonathan’s Ph.D. thesis except the court agrees that public interest outweighs his private rights.

What can you do if a public institution says no?
Where the institution fails to give notice within the 7 day period, it is deemed to have refused to give access. Where you have been refused, you may apply to court for a review within thirty days. The court may extend time to apply within that period. Where wrongful denial of access is established, the defaulting officer or institution shall be liable to a N500,000 fine on conviction.

Money matters - Fees:
The only fees required under the FOI are standard charges for duplication and where necessary, transcription. This does not exclude charges under any other laws.


Fascinating (lawyer) stuff:

Burden of proof of authorised denial is on public institution. This means that all you have to do is say that the institution refused your application and leave it to show that it the refusal was valid. *yawn*

The Official Secrets Act is no longer an excuse to restrict access. A public institution cannot deny access to part of a record containing results or product of environmental testing carried out by or on behalf of a public institution.

Downside

It looks like each state has to sign its own Freedom of Information Law. The National Assembly can only make laws for the public records of the federation and not the states.

http://funmilayo..com/2011/06/freedom-of-information-act-2011-good_05.html

doesn't the hilighted provision give them right to award inflated contracts and hide their financial misgivings from the public.

Intresting!

WHAT I KNOW VERY WELL.

F.O.I is a good start but do not expect it to be effective and to yield the expected results. WHY?

1. Buaurecracy. You can't deny that some one has to sign off some paper and he is out of the country or incapacity greep am.

2. Lie of ommision.

3. Nothing stops any government body from having 2 copies

i). The fact
ii). The Truth

People check this out

[size=14pt]Alaska set to release thousands of Sarah Palin emails[/size]

http://news.yahoo.com/s/yblog_theticket/20110610/ts_yblog_theticket/alaska-set-to-release-thousands-of-sarah-palin-emails

Its good 2 knw

Let's hope people are aware enough to know that they need information, talk less of knowing that they can ask for it.
Another thing is, let's even hope the information exists in the first place, and can be requested for.
It is often my worry that Nigeria is an information-less society. I mean, we simply don't have info about anything. Even where the info exists, it is usually irrelevant, incorrect, or out of date. So we function without information 9 times out of 10, take decisions blindly, and end up mostly taking unnecessary risks. In fact we seem to be wired to work with instincts rather than information.

Introduction of the Movement for Revolutionary Change

Movement for Revolutionary Change (MRC) is a political movement seeking for a fundamental and radical change in Nigeria to usher a great and prosperous nation.

Text ‘Join’ to +2348035897435 or visit:
www.movementforrevolutionarychange.org
www.facebook/mrcnigeria
movementforrevolutionarychange@yahoo.com

ebere1712:

doesn't the hilighted provision give them right to award inflated contracts and hide their financial misgivings from the public.

Dude! You win!!


I was puzzled by the same thing too. Which means the government still has the right to not tell you about financial expenditures.  And people are praising this bill? What da hell? This isn't FOI in a bit. Why are people so amazed by mediocre things?

This bill still supports corruption easily.  What this mean is that you can't know how much the government or any public institution spent on a project unless they disclose it to you.  Geez this will murder accountability. Are you people dumb? This isn't FOI!!


I propose critical thinking (a first year philosophy course) be lectured to all high school students, This will help them in analyzing information and using it to the best of it's given, Repeal this bill now and demand a full foi,

If only the youths and unemployed can employ this law in asking for recruitment processw details from govt ministries and parastatals, let us begin by asking that the shortlisted candidates qualification be published and criteria for selection made public, test scores released and when u kno of someone who did not perform the test use his case as a scape goat,

nigeria will never be open completely, few more secrets beneath. They berra fix this FOI bill well

How much money do you have to dash for the "Freedom of Information" access.  Someone who's supposed to sign a paper won't do it for someone who isn't their paymaster. 

I can see how frustrating this process is going to be, not to mention the selective omissions of information.

In Amerikka it is HELL obtaining this information. Usually when you do obtain some of what you are after, A lot of if is redacted.

Because the government wants to claim "classified" and "security" reasons.

nice information and communication from nairaland family