Freedom of Information Office | ||
1 | What is FOIA? | The Freedom of Information Act gives one the right to access information from any public institution, all companies in which government has a controlling interest, and private companies utilizing public funds, providing public services, or performing public functions (Section 2(7) FOIA, 2011). |
2 | Who can make a request under the FOIA? | Any person, group, association or organization can request information under the Act. |
3 | How do I make a FOI request? | To get information under the FOIA, request must be in writing, describing the information sought for, and complying with specific institutional requirements. (e.g, name of applicant, address, phone number etc.) |
4 | Where do I send an FOI request in the CBN? | All FOI requests are to be directed to the "Secretary to the Board of the Central Bank of Nigeria" at the Head Office in Abuja. Your request will receive prompt response if it is appropriately addressed. |
5 | What can I ask for under the FOIA, 2011? | You can request any existing agency record in any format, but the agency is not required to create new records or conduct research in response to your request. |
6 | Are there time limits for which information requested, must be furnished? | Yes. Unless an exemption applies, the information must, if available, be furnished within 7 working days. (Section 4, FOIA, 2011). And an additional 7 days if the application is for a large number of records or consultations are on-going. (Section 6 a-c) FOIA, 2011.. |
7 | Are there any sanctions for non-compliance with the FOI Act, 2011? | Yes. If a public officer or institution conceals, alters or deliberately destroys information, the officer or institution would be liable on conviction to a fine of N500,000.00 (Five hundred thousand Naira only)(Section 7(5), FOIA, 2011). |
8 | Will I be charged any fee for making FOIA requests? | Yes, a fee will be charged to recover the costs of document duplication (Section 8, FOIA, 2011). |
9 | Are all Records releasable under the FOIA? |
No
1. National security records which have been lawfully classified on national security grounds, and remain classified; |
10 | Can an Officer of a public institution be convicted for violation of FOI Act? | Yes. It is a criminal offense punishable on conviction by the Court with a minimum of 1 year imprisonment for any officer or head of any government or public institution to willfully destroy any records kept in his custody or attempt to doctor or otherwise alter same before they are released to any person, entity or community applying for it (Section 10), FOIA, 2011. |
11 | Does the Oath of Secrecy Act supersede the FOI Act? | No. The FOI Act supersedes any other act pertaining to access to information. (Section 1(1), Section (28) FOIA, 2011) |
12 | Can legal action be instituted against a public institution for refusal to release information? | Yes. If the information does not fall within the scope of information exempted from release, a public institution can be sued in court for refusing to release it. (Section 1(13), 20 FOIA, 2011) |
13 | Is there a time limit for instituting legal action against a public institution that fails to disclose information? | Yes. Within 30 days after the public institution denies or is deemed to have denied the application. (Section 20, FOIA, 2011) |
14 | Which court has jurisdiction to handle complaints pertaining to FOI requests? | The Federal High Court. |
15 | Are there reports that indicate the number of FOI requests processed in a year? | Yes. Every public institution is required to generate and submit a report annually to the Attorney-General of the Federation (AGF). This report should detail the FOI requests processed in the preceding fiscal year. (Section 29(1)(a), FOIA, 2011) |
16 | What is the deadline for submitting FOI reports? | On or before the 1st of February annually. (Section 29(1), FOIA, 2011) |
17 | Can I access the FOI reports of any public institution? | Yes. All public institutions are required to make FoI reports publicly available. Additionally, the Attorney-General of the Federation (AGF) must also ensure that these reports are accessible to the public both in physical and electronic forms. (Section 29(2)-(3), FOIA, 2011) |