APPLICABILITY OF FREEDOM OF INFORMATION ACT TO THE STATES OF THE FEDERATION OF NIGERIA

Abstract

Freedom of information is access to Knowledge. Regular access to information will not only lead to the empowerment of the people, but will also prevent them from living on rumours and half truth. The right to access information underpins and supports other fundamental rights of freedoms and enhances democracy and its ideals. The Freedom of Information (FOI) Act 2011 provides for access to information with restrictions. It is an expansion of S.39 of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 (as amended) and covers item 4 of the Concurrent Legislative List in the second schedule of the said CFRN. The FOI Act is not a law of general and automatic application to the individual States of Nigeria. For it to apply to the States it must be domesticated by the said State. However, the provisions of the FOI Act are quite persuasive and enthrone the rule of Law and constitutional democracy.