The Challenges of Implementing Freedom of Information Act by the Civil Society Organizations in Lagos state, Nigeria

Triple A Research Journal of Social Science and Humanity (JSSH) | Vol.2 No.3 | October 2018
Triple A Research Journal of Social Science and Humanity (ISSN: 2636-5472)
Vol.2(3): 089 - 095, October 2018
Available online: http://www.triplearesjournal.org/jssh
Copyright ©2018 Triple A Research Journal
Full Length Research Paper
The Challenges of Implementing Freedom of Information
Act by the Civil Society Organizations in Lagos state,
Nigeria
Chukwu, Johnkennedy Obinna
Department of Linguistics and Communication Studies, University of Port Harcourt, Port Harcourt, Nigeria
Corresponding Author:
Chukwu, Johnkennedy Obinna
Department of Linguistics and Communication
Studies, University of Port Harcourt, Port
Harcourt, Nigeria
Email address:
obinnakennedy@yahoo.com
ABSTRACT
The study was carried out to determine the challenges and difficulties
encountered by the Civil Society Organisations (CSOs) in Lagos State,
while utilising the FoIA to access information. The study was
predicated on two theories - Public Sphere, and Social Responsibility
theories. The objectives, among other things, were to investigate and
evaluate the duration odd time expended in accessing information
under the FoIA and the challenges and difficulties encountered, while
utilizing the FoIA. Interview schedule was used to elicit information
from the three CSOs – SERAP, CLO, MRA purposively selected.
Analysis revealed that the CSOs in Lagos state encountered
challenges and difficulties in the areas of procedure, release of
information, and the effect of the Official Secret Act 1962, amongst
others. The study also found out, that majority of the information
accessed under the FoIA by the CSOs in Lagos state were accessed
outside the seven (7) days’ timeframe stipulated by the FoIA in
Section 4. Based on the forgoing, it was recommended, amongst
others, that the difficulties and challenges identified by this study
should be, urgently, presented or tabled before the appropriate
quarters – Attorney general, who the law imbued with the supervisory
function over the implementation of the FoIA; and to the National
Assembly for amendment.
Keywords: Civil Society Organisations, Challenges, Freedom of
Information Act, Implementation
INTRODUCTION
Freedom of information, specifically, access to information
held by public authorities is a fundamental element of the
right to freedom of expression and vital to the proper
functioning of a democracy. It is an act that makes
provision for the disclosure of information held by public
authorities or by persons providing services for them (Ruth
2000). This means that the act enables one sees a wide
range of public information that has the potency to
obliterate ignorance (McCreadie and Rice (2005),
encourage participation of citizens in the governance of
their country, and importantly, exterminate secrecy in
government, which Thomas Jefferson (1787), former
President, United States of America, described as the
breeder of evil and corruption in government.
In Nigeria, a culture of secrecy, particularly, in
government, has become entrenched. This has led to the
breakdown of the flow of information, and now promotes
actions that impairs democratic process, slows economic
and social development, as citizens are alienated from
making informed opinion and contribution towards the
process of governance and choices, as to who governs
them, and scrutinize officials to ensure corruption is
avoided (Ekunno 2010).
In countries where Freedom of Information Act is in

Obinna 090
operation, as well as in Nigeria, anyone can make a
request for information – there are no restrictions on age,
sex, religion, nationality, or place of residence, amongst
others. You can request for any information subject only to
the exceptions, which is usually for the protection of
national interest, and does not need to provide reason(s)
for the request. Rather, upon refusal, the public body must
provide the reason (s) for such denial. The Act, also,
amongst others, provides for application to the court for the
release of the information hitherto denied.
The Nigeria’s Freedom of information Act was enacted
in 2011. Several scholars have argued that the aim for its
(The Act) enactment is to engender and improve access to
information in Nigeria. This makes it imperative to ascertain
the level of compliance to section 4 of the FoIA, which
provides for release of information within seven (7) days of
request for information, the duration of time expended in
accessing information through the FoIA by the CSOs, and
whether there were challenges and difficulties inherent in
accessing information under the FoIA. This is against the
backdrop of the enormous sacrifices and untiring efforts
made by the CSOs and others alike, in actualising the
enactment of the Freedom of Information Act 2011. And
Ene (2012), response to the emergence of the Freedom of
Information Act 2011, that “with the Freedom of Information
Act 2011 now in place, that Nigerians, finally, have the vital
tools to uncover facts, fight corruption and hold officials
and institutions accountable” (p.2).
It is also unclear whether the CSOs, particularly, the
Civil Liberties Organisation (CLO), Media Rights Agenda
(MRA) and Socio-Economic Right and Accountability
Project (SERAP) encountered challenges and difficulties,
while utilising the FoIA to access information, What is the
duration of time expended by the CSOs in accessing
information through the FoIA, especially, government-held
information, stored in government agencies and
parastatals. These serve as the fulcrum, and what this
paper seeks to unravel.
Objectives of the Study
The objectives of this study are to:
• Find out the duration of time expended in accessing
information through the FoIA by the CSOs in
Lagos state.
• Identify the challenges encountered by the CSOs in the
utilisation of the FoIA.
Research Question
• What is the duration of time expended by the CSOs in
accessing information through the FoIA?
• What are the challenges encountered by the CSOs in
the utilisation of the FoIA?
Theoretical Framework
The study was anchored on two theories – Social
Responsibility Theory and Public Sphere. The Social
Responsibility Theory (SRT) is an off-shot of Libertarian
Theory propounded by F.S. Siebert, T.B. Peterson and W.
Schramm in 1963. Historically, it owes its origin to the
Hutchins Commission on Freedom of the Press, set up in
the United States of America, in 1947, to re-examine the
concept of Press Freedom. The Commission’s work
became what is known as the Social Responsibility Theory.
Peterson interpreted SRT thus: that freedom carries
obligation and the press, which enjoys privileged position
under the government (Constitution) is obliged to be
responsible to the society”. He further listed the following
as what constitute social responsibility: Servicing the
political system by providing information, discussion and
debate on public affairs; Enlightening the public so as to
make it capable of self-government; and Safeguarding the
rights of the individuals by serving as watchdog against
government (p.20). Plausibly, the above also encapsulates
the role of the CSOs in the Nigerian society.
From the foregoing, one could rightly state that it is the
social responsibility of the CSOs in Lagos state, and others
alike, to utilise the Freedom of Information Act, and to
sensitise the Nigerian society on the usefulness and the
positive effect of the Freedom of Information Act 2011.
Importantly, too, to educate the people on the need to
fully implement and utilise the Act, for the benefit of the
Nigerian society; and possibly, if any, draw attention of the
people and relevant authorities to the area(s) that may
require intervention and amendment.
On the hand, public sphere theory was propounded by
Jurgen Habermas in his work “The Structural
Transformation of the Public Sphere” in 1962. He defined
the public sphere as “a civil arena where public opinions
take shape, and that same, with strong circulation (of
public opinions), can pressure authority groups and limit
their actions” (p. 57). He further said public sphere now
serves as “a regulatory institution against the authority of
the state” (p. 27). In agreement, Benhabib (1992) asserts
that the study of public sphere centers on the idea of
participatory democracy, and how public opinion becomes
political action. He quipped further that the basic ideal
belief in public sphere theory is that the government’s laws
and policies should be steered by the public sphere and
that the only legitimate governments are those that listen to
the public sphere” (p. 73).
Hauser (1999) amplified it further “as a discursive
space in which individuals and groups associate to discuss
matters of mutual interest and, where possible, to reach a
common judgment about them” (p. 61).
Flowing from the above, the researcher asserts that
Public sphere, as an area in social life where individuals
come together to freely discuss and identify societal
problems, can, through discussion, influence political
action, criticize and form opinions that eventually, may
become policy/or policies of government. This is akin to the
activities of the CSOs, who, oftentimes, provide the sphere
for debate and discussions on topical issues affecting
governance and the society, and also, on issues pertaining
to Freedom of Information Act 2011 and its utilisation. This
sphere serves as a platform for building consensus

091 Triple A Res. J. Soc. Sci. Human.
amongst the citizens and the civil society. Similarly, also,
these activities of the CSOs tandems with this theory
(Public Sphere) in many ways and forms the justification
and predication of this study on it.
Review of Related Literature
Civil Society Organizations (CSOs) include all market and
non-state organizations outside of the family in which
people organize themselves to pursue shared interests in
the public domain. Examples include community-based
organizations and village associations, environmental
groups, women’s rights groups, farmers’ associations, etc.
(Organization for Economic Co-operation and
Development’s (OECD) Development Assistance
Committee (DAC), 2008 report). Civil society groups are
agents of development in any nation. Civil society
organizations appear to play important role in social,
political and economic development activities.
The transformation of any society or system,
particularly, the developing societies like Nigeria depend
on the effectiveness and efficiency of its civil societies
(Omede 2014, p.211). Therefore, a vibrant civil society is
sine qua non to the sustenance of any nation’s
development. Studies have shown that the role of civil
society groups is vital in the political, social and economic
development of African countries (Diamond, 1999;
Ndegwa, 1996; Yohanness, 1997; and Gyimah-Boadi,
2004).
They opined that this role can be view from three
dimensions. First, improving the quality of governance;
second, developing the capacity of governments to apply
the principles of accountability, transparency and
openness; third, working towards gaining the commitment
of all elected officials, public servants, and NGOs to good
governance. In view of this, one can infer that, Civil Society
Organisations (CSOs) have contributed immensely to
democratic consolidation and sustenance in Nigeria, and
also, very instrumental to the emergence of the Freedom of
Information Act 2011. As agents of development in any
nation, they serve as the internal correctional mechanism
to check and balance the activities of government to avoid
wasteful spending, misappropriation and embezzlement of
funds and help determine or prioritise the needs of the
people. The CSOs, also, often, champion dissenting views
with government officials on a particular issue at a point in
time.
Scholars are yet to agree on whether there is
difference between civil society and civil society
organisations. The concepts of ‘civil society’ and ‘civil
society organisation’ are used interchangeably by most
scholars without considering the differences between the
two distinct, but inter-related concepts. This also made
scholars to use other common terms such as: non-profit
organisation, charity, NGO, third sector, voluntary sector
and so on to mean civil society organisations as they are
most widely understood internationally.
It is arguable that civil society is broader than civil
society organisations. The former entails the entire
territorial polity, which include all citizens who either
officially belong to any civil group or not; while the latter
entails those individuals that consciously and actively
participate in civil group activities. This analysis depicts
that the collective people, in its entirety, living in a defined
territory, made up of families, is seen as a civil society of
such nation, while those that consciously come together to
form a formal organisation to promote specific public
interest and meet up with the characteristics of civil society
organisations.
Nigeria has a long and strong tradition of civil society,
which represents the diverse and pluralistic nature of
Nigerian society. Civil society groups primarily led Nigeria’s
history of struggle and resistance. In fact, their formation
and activities date back to the colonial period when
different groups, sometimes locally and territorially based,
and at other times transcending clan and ‘tribal’
boundaries, became part of the nationalist protest against
the repressive colonial state.
Under the military regimes in Nigeria, there were
attempts to stop, reduce or manipulate the activities of the
civil society organisations. This is probably
understandable, as civil society organizations thrive better
in free democratic and liberal society. Despite the
limitations placed on their activities, the civil society under
the military played a significant part (particularly in the late
1990s) in the final ouster of military rule in Nigeria.
Scholars have argued that certain characteristics exist
that determine or serve as a prerequisite for an
organization to be seen as civil society organization. These
include: being voluntary, self-generating, rule-abiding, and
distinct from parochial, economic, and political societies.
Diamond (1999) further posited that promotion of pluralism
and diversity also serves as a very salient characteristic of
the CSOs. Also, groups or organizations that fall outside
government and which are not primarily motivated by profit.
The import of the above is that any group or organization
that does not possess the above characteristics cannot be
classified and/or be seen as one of the CSOs.
EMPIRICAL REVIEW
Job B. Guyson, Eric Dung Jamo, and Ismaila M. Yakubu
(2017) conducted a study on the utilisation of the 2011
Freedom of Information Act in selected States of North
Central Nigeria. The study revealed that the Act is not
utilised in the region, despite the journalists’ enormous
knowledge of the legislation. The study also showed that
journalists in the north central region have not benefited
from the Act.
Similarly, Agbo (2015) conducted a study on the
utilisation of the Freedom of Information Act (FoIA) among
print media journalists in South –East, Nigeria. The study
showed that journalists in the print media in the South-
Eastern

Obinna 092
Nigeria are yet to effectively utilise the provisions of the
Act in their practice of journalism.
Further, University College London’s Constitution Unit
(2009) conducted a research on the United Kingdom
Freedom of Information Act 2000 and Journalists’ use of
the Act. Equally, the study showed that Journalists in
United Kingdom, though, happy to have Freedom of
Information Act, find the response and appeal process
frustrating. It further concluded there were significant
disappointment with the operation of the Act, frustration
centered on delays, liberal use of exemptions and longer
periods of waiting during the internal review and appeal
processes were also part of their findings.
METHOD
The study adopted qualitative research approach. Interview
schedule was utilised to elicit responses from the CSOs. A
sample size of 3 was drawn, purposively, from the
population of registered CSOs in Lagos State, which
according to the Education Sector Support Programme in
Nigeria (ESSPIN) Report, stood at 30. The 3 CSOs
purposively selected are CLO, MRA and SERAP. They
were selected based on their contributions to the
enthronement and enactment of a legal regime that
encourages freedom of access to information. The national
offices of the CSOs were contacted for the personal
interview. Because, this is where to find the officers, who
have the requisite information sought. At the respective
national offices, the CSOs appointed representatives, were
interviewed with questions from the interview schedule.
DATA PRESENTATION AND ANALYSIS
Response from the interview with the CSOs regarding to
research question one:
Table 1 show that the CSOs agreed that the FoIA and
their individual use of it has improved access to
information.
Table 2 indicate that the CSOs have obtained
information several times - 25 (SERAP), 11 (CLO) and 30
(MRA), respectively. It also shows that they cumulatively
obtained information 66 times, out of which, 6 (3.9%) of the
information were obtained within seven (7) days, as
provided for by the FoIA in Section 4, while the rest
(96.1%) of the information were obtained outside the time
stipulated by the FoIA,
Table 3 indicate that procedure for accessing
information under the FoIA is difficult and challenging for
the CSOs.
Table 4 shows that the CSOs have been denied
access to information severally.
The table (table 5) indicated that the CSOs
encountered challenges/difficulty in the utilization of the
FoIA, but in diverse areas/form.
DISCUSSION OF FINDINGS
Findings showed that majority of the information accessed
by the CSOs in Lagos State under the FoIA were accessed
after the stipulated seven days period, provided in section
4 of the Freedom of Information Act 2011. It was also
found that, cumulatively, the CSOs accessed information
66 times, in total (CLO – 11; SERAP – 25; and MRA - 30
times).
This result indicates that, in practice, the public
institutions, governments, and/or containers of information
do not act in line with the provisions of the FoIA,
particularly, as it relates to duration of time within which to
release information requested by the requester.
Instructively, this disobedience and gross breach of the
FoIA, by implication, portends danger that has the capacity
to discourage the CSOs, and the citizens, among others,
from utilizing the FoIA for the benefit of the Nigerian State.
It was also discovered, on the part of the CLO and SERAP,
that the FoIA does not encourage immediate access to
information. Again, this may be the resultant effect of late
release of information or outside the stipulated time frame
of within seven (7) days provided in FoIA.
The findings also show that the FoIA has improved
access to information amongst the CSOs, as well as, their
respective individual use of the FoIA. This result tacitly
tandems with the assertion of Adetokunbo Mumuni,
SERAP’s Executive Director, who stated, after the
judgment delivered by Justice Hadiza Shagari, (on
application for release of information under the FoIA,
directing the Federal Government of Nigeria to ‘publish the
names of public officials from whom public funds were
recovered since May 2015, and the circumstances under
which the stolen public funds were returned), that “this
judgment and the boldness exhibited by SERAP will, by
extension, engender and improve access to information”
(p.12) (New Telegraph, 16 July, 2016). In the same vein,
Timothy Adewale, SERAP’s Deputy Director, also, stated
in support that “the judgment shows the way forward in the
fight against corruption and impunity of perpetrators” (Daily
Post, July 6, 2017, p. 2).
The implication of the above findings is that
government agencies and parastatals do not release
information requested within the stipulated timeframe of
seven (7) days. And that this has the potency of
discouraging utilisation of the FoIA for the purpose of
accessing information. It also shows that, despite the
positive response results, the CSOs are yet to significantly,
reap the benefit from the struggle for a Freedom of
Information Act.
The findings showed that CSOs in Lagos state
encountered challenges and difficulties, while utilising the
FoIA. The CLO and SERAP identified release of
information and procedure for accessing information under
the FoIA as an area of difficulty in the utilization of the
FoIA.
This outcome is similar to the result generated by

Table 1: Improvement of Access to Information
Question Response: SERAP CLO MRA
1. Has FoIA improved your access to information? SERAP – Yes
CLO - Yes
MRA - Yes
2. Has your use of the FoIA improved access to
information
SERAP – Yes
CLO - Yes
MRA - Yes
Table 2: Duration of time expended in accessing or obtaining information
3. Does FoIA encourage immediate access to
information requested by your organization?
SERAP – No
CLO - No
MRA - Yes
4. How long did it take your organization to obtain
information through the use of the FoIA?
SERAP – 7 times within 8 – 14 days, and 18
times after 20 days.
CLO - 2 times - 4 -7 days; 2 times - 8 - 14
days; and 7 times after 20 days.
MRA - Once 1 - 3 days; 3 times - 4 - 7days;
7 times - 8 - 14 days;
4 times - 15 – 20 days; and
15 times after 20 days.
Table 3: Procedure for accessing of information under the FoIA
5. Having accessed information under the FoIA
severally how is the procedure for accessing
information under FoIA?
The CSOs – SERAP, CLO, and MRA quipped,
affirmatively, that the procedure for accessing
information under the FoIA is difficult and challenging.
Table 4: Denial of access to information
6. Have your organization been denied access to
information upon request?
SERAP – Yes
CLO - Yes
MRA - Yes
7. How many times have your organization been
denied access to information?
SERAP – 15 times
CLO - 9 times
MRA - 15 times

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Table 5: Aspects of the implementation of FoIA that poses a challenge and difficulty
8. What are the challenges your organization have
encountered in the use of the Freedom of
Information Act 2011?
SERAP – : Release of information, Procedure,
Lack of records, Bulk passing by Federal and
State governments, Official Secret
Act, and Non- proactive disclosure.
CLO - Release of information and Procedure
MRA - Lack of specification of timeframe
for the court to reach its decision; indefinite
adjournments; Ignorance on the part of public
officials; Lack of alternative mechanism; and Court
process
University College London Constitution unit (2009),
particularly, in the area of procedure, which was, also,
identified by that research as a challenge to journalists in
United Kingdom on the application of their Freedom of
Information Act.
The researcher asserts that this seeming confusion in
the Procedure and Release of information, may have been
created to ensure that the CSOs do not encourage the
citizens of Nigeria to attain what Amadi (2002) asserted as
Lionising the ordinary citizens to the extent of causing a
shift in the power base.
Similarly, the CSOs also in unison, asserted that they
have been denied access to information upon request
several times. The CSOs, further identified the following
respectively, as challenges encountered, while utilizing the
FoIA: SERAP - Lack of records, Bulk passing by federal
and state government, Official Secret Act, and Non-
proactive disclosure; while MRA indicated that Lack of
specification of time frame for the court to reach its
decision, indefinite adjournments; Ignorance of public
officials, Lack of alternative mechanism; and Court
process. The above indicate, corroboratively, that the
CSOs also encountered challenges, while utilizing the FoIA
to access information.
This finding corroborates some of the outcomes of the
study conducted by University College London Constitution
unit (2009), which also, identified several challenges
encountered by journalists in United Kingdom, while
utilizing the United Kingdom Freedom of Information Act.
Also, in coterminous with one of the outcomes from the
study by Job B. Guyson, Eric Dung Jamo, and Ismaila M.
Yakubu, conducted in 2017, on the utilization of the
Freedom of Information Act 2011, in Selected States of
North Central Nigeria, which identified Official Secret Act,
also identified by SERAP, one of the CSOs in this study, as
a challenge in utilisation of the FoIA. This implies that the
Official Secret Act – an Act that requires secrecy in
government’s records or information, is still active and in
operation. And serves as a challenge and hindrance to the
effective utilization of the FoIA in Lagos state and North
central region of Nigeria, despite section 28 of the FoIA,
which rendered it impotent and subject to the provisions of
the FoIA.
These sieving-out or identification of the areas of
difficulty/challenge made by the CSOs in Lagos state
indicate a positive disposition towards utilization of the
FoIA, but for the glitches inherent therein and stated
above. These glitches outlined by the CSOs in Lagos
state, may have stalled sensitization and mobilization of
the people, and favourable public opinion towards the FoIA
and its utilization. With a bid to achieving same effect
asserted by Dominick (1999), in respect to the American
Freedom of Information Act, “that the law gave the public
the right to discover what the Federal government was up
to” (p.438).
The researcher further asserts that these challenges if
not checked will reduce the FoIA to a ‘toothless bulldog’,
an Act without the potency to surmount the onerous task of
making information accessible to the people, and may
enthrone what James Madison, quoted in Yalaju
(2006:111), as “a popular government without a popular
information or the means of acquiring it, is, but a prologue
to a farce or tragedy or perhaps both”. These challenges
and difficulties outline above, amongst others, may be, the
reason for the snail-paced utilization of the FoIA.
Further, if drastic efforts are not taken to ease-off these
challenges identified by CSOs in Lagos state, it may
discourage further utilization; defeat the aim for the
struggle for the enactment of the FoIA, and by extension,
leads to isolation of the FoIA.
When this (isolation of the FoIA and its attendant
result) becomes imperative and entrenched, it will hamper,
annihilate, and deny citizens, germane information saliently
required for nation-building; and for discussion at the public
sphere. Furthermore, absence of these challenges and
difficulties would enable and aid the CSOs to truly act in

line with Omede and Bakare (2014)’s definition of civil
society groups and its roles in the society, particularly, in
the developing nations, such as Nigeria:
Civil society groups are agents of development in any
nation. Civil society organizations appear to play important
role in social, political and economic development
activities. The transformation of any society or system,
particularly the developing societies like Nigeria depend on
the effectiveness and efficiency of its civil societies (p.211)
CONCLUSION AND RECOMMENDATIONS
Based on the findings, the study concludes that the CSOs
in Lagos state encountered challenges and difficulties in
their quest to access information, through the FoIA. It,
therefore, recommends that the difficulties and challenges
identified by this study should be, urgently, presented or
tabled before the appropriate quarters – Attorney general,
who the law imbued with the supervisory function over the
implementation of the FoIA; and to the National Assembly
for amendment. Also, in amending the FoIA, the National
Assembly should fix a timeframe for the court to reach its
decision or give judgment regarding to the request for
release of information under the FoIA, as this will curb or
stem down unnecessary delays and adjournments in the
court.
Further, the study concludes that majority of the
information accessed by the CSOs in Lagos state, were
obtained outside the provisions of section 4 of the FoIA,
which stipulates that information requested shall be
released within seven (7) days. To this end, the researcher
recommends that the National assembly should amend the
FoIA, with a bid to providing punishment for refusal to
release information and disobedience to stipulated
timeframe within which to release information.
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The Challenges of Implementing Freedom of Information Act by the Civil Society Organizations in Lagos state, Nigeria