THE National Institute for Cultural Orientation (NICO) has failed to respond to a request by The ICIR for the details of research projects and publications it executed between 2019 and 2023.
This refusal violates the Freedom of Information Act which requires public institutions to respond to requests within seven days, either by providing the information or explaining why it cannot make it available within the time frame stipulated by the Act.
In a letter dated July 31, 2024, The ICIR, in pursuance to the Act, asked the agency to release the details of the projects it undertook during the period, including project titles, descriptions, and dates.
After the request was submitted, The ICIR’s data analyst, in charge of the FOI desk, James Emmanuel, said he received a call from one Mrs. Maria, who requested that he visit the NICO office at no. 23, Kigoma Street, Wuse Zone 7, on Thursday, August 8, before the organisation could process the request.
Upon arrival at the office, Maria took Emmanuel to the office of the Director of Publications, where they met with another director.
The directors claimed they were hearing of The ICIR for the first time and sought to know what the information requested would be used for.
After a detailed explanation by Emmanuel, they agreed to send a soft copy of the FOI response via email.
“Unfortunately, a few minutes after leaving the premises, I received a call from Mrs. Maria informing me that the Executive Secretary (ES) wanted to see me. I returned to the premises and was taken to his office,” Emmanuel said.
After introducing himself, the ES claimed he did not know The ICIR. He asked when the organisation was founded and demanded to know its management. Emmanuel provided answers to his questions.
“The ES also said he wanted to verify the authenticity of The ICIR, saying his organisation could not provide information to faceless organisations, especially since The ICIR is not a government institution.
“Despite explaining the purpose of the request and providing details about the organisation, the ES insisted that he would need to speak with the Executive Director of The ICIR and seek approval from NICO’s parent ministry before releasing the information.”
Since Nigeria’s return to democracy in Nigeria in May 1999, citizens, media and civil society organisations have been engaging tiers of government to achieve transparency and accountability.
In 2011, replicating a law that was already in force in many parts of the world, former President Goodluck Jonathan signed the FOI Bill into law to give the Nigerian people access to information on government activities in the custody of any public institution or where the public fund was (or is being)utilised.
The law also mandates public institutions to disclose essential information on their websites.
The law gives a person, group, association or organisation the right to access information from all government institutions and private firms utilising public funds.
It provides a platform to hold leaders accountable, but public institutions like NICO have continued to disregard the law, especially when they have something to hide from Nigerians.
Section 1, subsection (1) of the FOI Act, states that “Notwithstanding anything contained in any other Act, law or regulation, the right of any person to access or request information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution howsoever described, is established.”
Also, Section 2, subsection 4, of the same Act mandates public institutions to ensure that information requested by an individual or organisation is widely disseminated and made readily available to the public through various means, including print, electronic and online sources, and at the offices of such public institutions.
Should there be any reason an FOI request will not be granted, the Act stipulates that the affected institution must give written notice to the applicant on why the information will not be granted, referencing the section of the Act under which the denial is made.
Furthermore, Section 4 of the Act states: “Where information is applied for under this Act, the public institution to which the application is made shall, subject to sections 6, 7, and 8 of this Act, within 7 days after the application is received- (a) make the information available to the applicant (b) Where the public institution considers that the application should be denied, the institution shall give written notice to the applicant that access to all or part of the information will not be granted, stating reasons for the denial, and the section of this Act under which the denial is made.”
Similarly, section 5, provides for a public institution to transfer a FOI request to another public institution if the organisation has a greater interest in the information within at least 7 days after the application is received.
“(2) Where an application is transferred under subsection (l), the application shall be deemed to have been made to the public institution to which it was transferred on the day the public institution received it.
“(3) For the purpose of subsection (l), a public institution has a greater interest in information if – (a) the information was originally produced in or for the institution; or (b) in the case of information not originally produced in or for the public institution, the institution was the first public institution to receive the information.”
In an earlier interview with The ICIR, the Media Right Agenda’s programme manager, Ayode Longe, had said every public institution must respond to FOI requests or give reasons for non-compliance within seven days.
“In fact, the law does not specify who they should not respond to, and it applies to both natural and legal persons, whether they are registered or not registered. They are expected to respond to all of that type of request.”
He however advised The ICIR and other NGOs denied response to charge affected institutions to court as specified in the Act or seek help.
Also, a human rights lawyer, Festus Ogun, bemoaned the trend of public institutions disregarding requests made through the FOI Act, adding that recklessness persists because there are no consequences for impunity in the country.
“I think the refusal to provide your organisation with the requested information is a violation of the Freedom of Information Act.
“It is gravely disturbing. It seems that the rule of law has no place in this country. And their recklessness persists because there are no consequences for impunity.”
Flimsy excuses by public officials to deny the media access to official information are not new.
The ICIR reported how the Federal Capital Territory Administration, Ministry of Education; Ministry of Aviation, Nigeria Communications Satellite (NIGCOMSAT), National Agency for the Control Aids (NACA), and other public institutions continue to deny Nigerians access to public information by not responding to FOI requests sent to them.
Nurudeen Akewushola is an investigative reporter and fact-checker with The ICIR. He believes courageous in-depth investigative reporting is the key to social justice, accountability and good governance in society. You can reach him via [email protected] and @NurudeenAkewus1 on Twitter.