THE Federal Capital Territory Administration (FCTA) has consistently failed to provide information on some of the abandoned projects in Nigeria’s Capital.
The ICIR had, between June 2022 to July 2023, sent six Freedom of Information (FOI) requests, asking for project details of some roads and abandoned hospital projects.
The ministry not only failed to provide such information but did not give reasons to that effect.
Beyond the six FOI requests sent, the ICIR also sent several reminders which stressed the importance of the information and why the Ministry must adhere to the FOI Act.
The requested information seeks transparency into the exact details of some awarded projects by the Ministry and explanations on why some projects were abandoned and ‘shabbily’ executed.
In all the FOI requests sent to FCTA, The ICIR also sent some copies to the office of the Federal Capital Development Authority (FCDA). The FCDA is an Agency of the government under the Federal Capital Territory Administration.
The FCDA boasts of having the responsibility of overseeing “the infrastructural and physical development (planning, design and construction) of the new Federal Capital. It seeks further to ensure conformity to the global standards of new Capital cities around the world, while paying special attention to inclusivity, functionality, design and aesthetics.”
Meanwhile, the FCDA provided an answer to one of several requests after a reporter from The ICIR visited its office about four times. This was also coupled with consistent phone calls, messages and follow-ups.
This, The ICIR can confirm, was contrary to the Freedom of Information Act (FOIA) signed into law by the administration of former President Goodluck Ebele Jonathan.
Six FOI requests sent, one response gotten
While the Federal Capital Territory Authority and its Agency, FCDA, acknowledged receipt by signing and stamping each letter sent, they have, nevertheless, failed to provide The ICIR with the information requested or give reasons for their lack of response.
On June 7, 2022, The ICIR sent a FOI request to FCTA, requesting information regarding some road projects, such as Maitama Garu 1 road, Mpape, Bwari FCT. I, rehabilitation of Goma palace road, Kuje, Local Council III, construction of Giri Toad, Giri town, Gwagwalada local council IV., and Construction of sharp corner/Nura bread road, carried out by the Agency.
However, more than a year later, no response has been received.
On August 30, 2022, The ICIR also wrote in pursuant to the FOI act and requested information on open and competitive bidding for the Giri Road Project in Giri Town, Gwagwalada, that was awarded in 2015 by the Agency but has gotten no response.
Accordingly, on September 8, 2022, another FOI request was sent to FCTA to request details about the Abuja Light Rail Project commissioned on July 12, 2018, by President Muhammadu Buhari.
The Agency, despite being referred to as the Agency with the necessary information by the Federal Ministry of Transportation, failed to respond to The ICIR.
This situation, mirrors all other FOI requests sent to the Agency.
Attempt to frustrate journalists
In several attempts to get a response from the two institutions, The ICIR has faced numerous challenges, ranging from repeated visitations to the offices and unyielding texts and calls.
One of The ICIR’s reporters, who had faced this hurdle, explained that he visited the offices of the two institutions on four occasions before he finally got a response to his request.
The reporter, in July 2023, sent the FOI request to FCTA to request for project details of Utako General Hospital, which has been abandoned for years but got no response until a month later when he had to visit the office of the Authority.
“I sent the request to the Permanent Secretary of FCTA, but it was not responded to despite a reminder. I then sent it to the Health Secretariat. When I went to confirm, they said it had been forwarded to FCDA, I checked at FCDA, and they confirmed that it has been received and processed. I initiated a contact to inform me when it’s out, he did, and I went back there to pick it up.
“But I was there four times. It was a follow-up because I needed it. I sent it on July 17. I received it on August 8,” he added.
Also, a data analyst who works at The ICIR FOI Desk, Ibukun Ajayi, said the lack of proactive disclosure and timely response from MDAs, particularly FCTA, frustrates the repertoire process.
“After handling FOI correspondence, my initial observation is that many MDAs disregard the Act’s seven-day timeline for responding to requests, leading to frustration. Some MDAs take much longer, even up to a year to respond, despite the urgent need for the requested information. This lack of proactive disclosure and timely response hampers the process. Addressing this understanding within MDAs could lead to more urgent handling of requests.
She also stated that many MDAs lack dedicated officers to handle requests.
What the FOI Act says
The Freedom of Information Act, in various sections, highlighted the right of any individual or organisation to access information from government ministries, agencies and departments.
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 members of the Public through various means, including print, electronic and online sources, and at the offices of such Public institutions.
In case there’s a reason as to why a FOI request will not be granted, the act rules that the concerned Agency must give a written notice to the applicant that information will not be granted, referencing the section of the FOI act under which the denial is made.
Furthermore, Section 4 stated that: “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 2-7 days after the application is received.
Section 5: “(1) Where a Public institution receives an application for access to information, and the institution is of the view that another Public institution has a greater interest in the information, the institution to which the application is made may within 3 days but not later than 7 days after the application is received, transfer the application, and if necessary, the information, to the other Public institution, in which case, the institution transferring the application shall give written notice of the transfer to the applicant, which notice shall contain a statement informing the applicant that such decision to transfer the application can be reviewed by the Court.
“(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.”
Experts react
The Media Right Agenda’s programme manager, Ayode Longe, in an interview with The ICIR, said every Agency owned by the government is expected to respond to FOI requests or give reasons for their 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 who have been denied response to charge them to court or seek help to address the issue.
Also, a human rights lawyer, Festus Ogun, bemoaned the trend, adding their recklessness persists because there are no consequences for impunity in this 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.”
The official in charge will get back to me – Chief Press Secretary
Meanwhile, in an attempt to seek a reaction as to why the institution failed to respond to its requests, The ICIR reached out to the chief press secretary (CPS) of the FCTA, Tony Ogunleye, on August 11.
He advised the journalist to re-send some of the FOI requests via text message for further tracking, which the reporter promptly did on August 14.
Ogunleye assured The ICIR of an update by Wednesday, but the update was provided on Thursday, August 17. He indicated that the responsible official would communicate with us, stating, “I have forwarded it to the relevant officers, and they will respond. They are currently reviewing it.”
However, The ICIR hasn’t gotten a response from the FCTA CPS as of the time of filing this report.
Usman Mustapha is a solution journalist with International Centre for Investigative Reporting. You can easily reach him via: umustapha@icirnigeria.com. He tweets @UsmanMustapha_M