By: Alfred Ajayi
On the 11th of April, 2025, Nigeria’s Apex Court delivered a landmark judgment on the controversial application of Nigeria’s Freedom of Information Act, enacted in 2011. Many state governments have refused to allow the law to apply in their states without domestication. One of such cases took place in Edo State in 2014.
The case that produced this judgment started on January 6, 2014 between marked Austin Osaku v. EDOSACA SC/614/2014. It started after Edo State Agency for the Control of AIDS (EDOSACA) failed to respond to a FOI request filed by a CSO coalition. The applicants sought detailed records relating to the HIV/AIDS Program Development Project (HPDP II), including financial expenditures, grants, and donor partnerships. They also asked for the contract awards, and criteria for grant allocations between 2011 and 2014.
The historic judgment, that reinforces transparency and democratic accountability at all levels of government, reverses the 2018 majority ruling by the Court of Appeal, Benin Division, which held that the FOIA only applies to federal Ministries, Departments, and Agencies (MDAs). The Apex Court affirmed the decision of the trial court that the National Assembly has the legislative competence to enact laws on public records and archives.
Major takeaways
The Supreme Court ruling yesterday (April 11, 2025) on the application of the Freedom of Information Act (FOIA) has major implications for governance, accountability, and citizen rights in Nigeria. One of the major takeaways is that FOIA is applicable across all the 36 states of the federation, not just federal institutions. This settles a long-standing dispute over whether states are bound by the Act.
This landmark lead judgment of Hon. Justice Lawal Garba JSC, dismantles the long-held excuse by some states for refusing to comply with FOIA provisions due to the absence of corresponding state laws. Also, the state governments and their agencies are now legally required by this judgment to disclose information when requested, promoting transparency at all levels. The ruling is also a significant endorsement of open governance and shows the judiciary’s commitment to strengthening democratic norms.
What are the lessons?
The biggest lesson here is the power of action. The case highlights how sustained legal efforts by civil society and individuals can uphold citizens’ rights and compel government accountability. We probably may not get here if the coalition in Edo that started this fight since 2014 had abandoned it.
It is also a pointer to the need for civic awareness. Nigerians must be aware of their right to request information from public offices and use the FOIA as a tool to demand answers and transparency. This celebrated case is a boost to sensitization and awareness creation efforts particularly by CSOs and NGOs over the year.
Most importantly, the ruling symbolizes victory for the rule of law. The decision reinforces the principle that no level of government is above the Constitution and federal laws enacted for the public good.
Any Reliefs for Nigerians?
The Apex Court judgment is a huge relief for Nigerians especially those who operate at the sub-national level who have often been turned down with the excuse that FOIA does not apply to the states. The ruling offers greater access to information to citizens, journalists, and civil society organizations. They can now request and obtain public records from state governments without facing legal rejection on jurisdiction grounds.
This is a boost to the anti-corruption efforts of the government especially at the national level. With more access to public records, whistleblowers, activists, and the media can better expose mismanagement and corruption. The states are expected to adjust to this ruling by giving unhindered to public information. This will boost transparency and accountability in governance.
The ruling of the Supreme Court has brought about a unified legal framework, offering clarity and consistency to the interpretation of the FOIA across Nigeria. It has finally eliminated the confusion on which the previously premised their unwillingness to open their books for public scrutiny.
This landmark ruling empowers Nigerians more than ever to hold leaders accountable, both at the federal, state and local levels. It indeed signals a good time for democracy in Nigeria.
