Freedom of Information Act: Applicability to Public Records of States – THISDAYLIVE

This landmark judgment establishes that the Nigerian Freedom of Information Act applies uniformly to all states, confirming that citizens have a enforceable right to access public records regardless of whether individual state governments have enacted parallel legislation. By ruling that the Act is a federal law applicable to the entire Federation, the Supreme Court removed the legal ambiguity that previously allowed state agencies to withhold information, thereby strengthening the mechanism for government transparency across the nation. The Court clarified that legislative power over public records falls under the concurrent list, meaning federal laws prevail over inconsistent or absent state laws. This decision ensures that the constitutional mandate for access to information is not fragmented by local legislative inaction, providing a consistent legal framework for accountability. It affirms that the right to know is a fundamental aspect of citizenship that state authorities cannot unilaterally negate by failing to pass specific local statutes. This ruling is critical for open data initiatives because it validates the legal basis for requesting and releasing government data at all levels of Nigerian administration. It empowers civil society and researchers to demand public records from state agencies with the confidence that federal law protects their access. Consequently, this decision removes a significant barrier to data transparency, encouraging the widespread availability and utilization of public information for social and economic development.

Source: thisdaylive.com
Published on 2025-10-14

Freedom of Information Act: Applicability to Public Records of States – THISDAYLIVE

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