The Supreme Court has overruled the 2018 judgment by the Benin Division of Appeal Court in Edo State, and declared that the Freedom of Information Act 2011, applies to all tiers of government, including federal ministries, state institutions, departments, and agencies.
The ruling was made in a case of Austin Osaku v. EDOSACA SC/614/2014, which began on January 6, 2014, after a coalition of civil society organisations filed a Freedom of Information request to the Edo State Agency for the Control of AIDS (EDOSACA).
The applicants demanded records of the HIV/AIDS Program Development Project (HPDP II), including financial expenditures, grants, donor partnerships, contract awards, and criteria for grant allocations between 2011 and 2014.
After the request was denied, the civil society groups headed to the trial court which ruled in favour of the appellants, but the Court of Appeal later denied them access to the information.
On further appeal however, the Supreme Court in its judgment delivered by Justice Lawal Garba, on Friday, supported the trial court in ruling that the National Assembly has the legislative power to make laws on public records and archives, insisting that the Act, which aims to promote transparency, citizen engagement, and accountability in public governance, is binding across the federation.
Reacting to the judgement, lead counsel for the appellants, Mr Aigbokhan, who described the judgement as a victory for democracy, dedicated the victory to the activists and non-governmental organisations in the state who stood together to pursue the matter to its logical conclusion, despite numerous obstacles and resistance.
“This decision is a major leap for the global campaign for probity, accountability, and transparency, with a far-reaching impact on public citizens at the sub-national level. Our laws must work for all. Once again, the Supreme Court has demonstrated its crucial role as a veritable arbiter of democratic ideals,” Mr Aigbokhan added.
With the latest ruling, states can no longer refuse to comply with FOIA by denying access to public records with the excuse that the law doesn’t apply to them.
