CLAUSES

PROVISIONS OF THE BILL

COMMITTEE’S RECOMMENDATION

REMARKS

Short Title

Right of access

to Information or Record

(2)An applicant herein need not demonstrate any specific interest in the information being requested for.

(3) For the purpose of this Act, any record requested under this Act that does not exist but can, subject to such limitations as may be prescribed by regulation, be produced from a machine, readable record under the control of a government and or public institution using computer hardware and software normally used by the government and or public institution shall be deemed to be record under control of the government and/or public institution.

(3) For the purpose of this Act, any record under this Act that does not exist but can, by regulation, be produced from a machine, normally used by the government or public institution shall be deemed to be record under control of the government or public institution.

Delete the words “but notwithstanding anything contained in any other Act, Law or Regulation,” appearing in lines 1 to 3.

Delete the word “request” in line 6 and insert the word “application”. Also insert the expression “information or” before record.

Insert the words “or private companies performing public function,” before the words “subject only” appearing in line 7.

(2) Section 2(2) is amended as follows;

Delete the word ‘herein’ after the word ‘applicant’. It is superfluous and makes for inelegant drafting.

Insert the words “or record” after the word “information” in line 2.

Also delete the word “requested” and insert the word “applied”.

It is being proposed that due to the fact that Section 2(2) deals more with practical issues relating to how the right of access is operationalised, it is not strictly in tandem with the provision of Section 2, which is essentially a definitive statement on the scope of the right. We are of the view that this provision falls more within the ambit of the provision of Section 4, consequently we propose that it be moved there and be renumbered as Section 4 (2)

Section 2(3) is amended as follows; For the purpose of this Act, any record under this Act that does not exist but can, by regulation, be produced from a machine, normally used by the government or public institution shall be deemed to be record under control of the government or public institution.

Insert the words “information or” before “record” in line 1.

Delete “requested” in line 2 and replace with “applied for”

Insert “in print” after “exist” in line 3

Delete the words “subject to such limitations as maybe prescribed” in lines 3 & 4

Delete the words from “readable records under” all the way up to the expression “software” in lines 5 – 8

Delete the word “and/” after “government” in both lines 9 & 11

It is also being proposed that since Section 2(3) deals more with practical issues affecting how the right of access is operationalised, it falls more within the ambit of the provision of Section 4, consequently we are proposing that it be moved there and be renumbered as Section 4 (3)

Information

about

government institution

(a) a description of the organisation and responsibilities of the institution including details of programmes and functions of each division, branch and department of the institution;

(b) a description of all classes of records under the control of the institution in sufficient detail to facilitate the exercise of the right to access under this Act;

(c) a description of all manuals used by employees of the institution in administering or carrying out any of the programmes or activities of the institutions;

(d) a description of documents containing substantive rules of the institution;

(e) a description of documents containing statements and interpretations of policy which have been adopted by the institution;

(f) a description of documents containing final planning policies, recommendations and decisions;

(g) a description of documents containing factual reports, inspection reports, and studies whether prepared by or for the institution;

(h) a description of documents containing opinions concerning the rights of the State, the public, subdivision of the State or a local government, or of any private persons;

(i) a description of files containing applications for any contract, permit, grants or agreement;

(j) a list of reports, documents, studies, or publications prepared by independent contractors for the institution;

(k) a description of materials containing information relating to any grant or contract made by or between the institution and another government and/or public institution or private organization; and

(l) the title and address of the appropriate officers or employees of the institution to whom requests for access to records under this Act should be sent, provided that the failure of any government and/or public institution to publish any information required to be published under this subsection shall not prejudicially affect the right of access to public records and information in the custody of such government and/or public institution as provided for under this Act.

(2) Any person entitled to the right of access conferred by this Act shall have the right to institute proceedings in a Court to compel the head of any government institution and/or public body to comply with the provisions of this section

(3)The government and or public institutions to which this Act applies are all authorities whether executive, legislative or judicial agencies, ministries and extra-ministerial departments of the Federal Government and of all the State and local governments,, together with all corporations established by law and all companies in which a Federal, State or Local Government authority has a controlling interest and also private companies performing public functions.

(a) the organization and responsibilities of the institution including details of programmes and functions of each division, branch and department of the institution;

(b) all information and records under the control of the institution which in the institution’s considered opinion shall facilitate the exercise of the right to access such information and records under this Act;

(c) all manuals used by employees of the institution in administering or carrying out any of the programmes or activities of the institutions;

(d) documents containing substantive rules of the institutions;

(e) documents containing statements and interpretation of policy which have been adopted by the institution;

(f) documents containing final planning policies, recommendations and decisions;

(g) documents containing factual reports, inspection reports, and studies whether prepared by or for the institution;

(h) documents containing the opinions concerning the powers and duties of the government or public institution;

(i) files containing applications for any contract, permit, grants, or agreement;

(j) ) a list of reports, documents, studies, or publications prepared by independent contractors for the institution;

(k) materials containing information relating to any grant or contract made by or between the institution or another government or public institution or private organization; and

(l) the title and address of the appropriate officers or employees of the institution to whom application for access to information or records under this Act should be sent.

(2) The head of any government or public institution shall ensure that copies of this document are widely disseminated and made readily available to members of the public through various means including print, online sources and also being made available to the public at the offices of such government or public institution,

(3) The head of any government or public institution shall update and review published information or record, periodically and immediately, when changes occur.

(4) Any person entitled to the right of access conferred by this Act shall have the right to institute proceedings in a competent Court in accordance with Section (2) of this Act.

(5) The government and or public institutions to which this Act applies are all authorities whether executive, legislative or judicial agencies, ministries and extra-ministerial departments of the Federal Government and of all the State and local governments,, together with all corporations established by law and all companies in which a Federal, State or Local Government authority has a controlling interest and also private companies performing public functions.

Insert after the word “published” in line 3 the word “periodically”

Also in line 3, insert after the word “in” the following words “any accessible form, including through”

Also in line 3, insert after the word “Gazette” insert the words “in print and online,”

Also delete the words “update when changes occur” appearing in line 3 and insert the words “a document containing a description of”;

(b) Delete the word “classes of” before the word ”record” in line 1.

Also in line 1, insert the words “information and” before the word “records”

Insert in line 4, after the word “access” the following words “such information and records”

(d) After the word cases in line 4, add ‘summary of the facts upon which the decision was made and parties to the case’

(k) Delete the words from the “rights” in line 2 to “private persons” in line 5 and insert “powers and duties of the government or public institution”

(I) Add the word ‘present’ after ‘official’ in line 2

Delete the word ‘proceedings’ after the word ‘all’ in line 3 and add the words ‘meetings and decisions’ before the word ‘of’ in line 3

(l) Amended to stop at the word sent in line 4.

Also in line 3, insert the words “information or” before the word “records”

Also insert after the word “information” in line 6, the words “or record”

Delete the word “and” after “government” in lines 5 & 11

(2) New Subsection (2)

The head of any government or public institution shall ensure that copies of this document are widely disseminated and made readily available to members of the public through various means including through print, online sources and also being made available to the public at the offices of such government or public institution,

(3) New Subsection (5)

The head of any government or public institution shall update and review published information or record, periodically and immediately, when changes occur.

(3) The Subsection (2) is re-named Subsection (4).

Add the word ‘competent’ before the word ‘court’ in line 4

Delete the word “and/” in line 5

The old Subsection 3 is re-numbered as Subsection 5

Request for access to records

(2) For the purpose of this Act, any information or record applied for under this Act that does not exist in print but can by regulation be produced from a machine, normally used by the government or public institution shall be deemed to be record under the control of the Government or public institution.

(3) An illiterate or disabled applicant who by virtue of their illiteracy or disability is unable to make an application for access to information or record in accordance with the provision of Subsection (1) above, may make that application through a third party.

(4) An authorized official of a government or public institution to whom an applicant makes an oral application for information or record, shall reduce the application into writing in the form prescribed under Subsection (1) above and shall provide a copy of the written application to the applicant.

Due to the fact that the old Sections 2(2) and (3) as amended have now been moved to Section 4, the first paragraph of Section 4 is now renumbered as Section 4(1), while Section (3) would now become Sections 4 (3) .

(1) Delete the words “A request” in line 1 and insert the words “An application”.

Insert the words “or information” after the word “record” in lines 1, 4 and 7.

Delete the word “and” in line 3

New Subsection 4(4)

An illiterate or disabled applicant who by virtue of their illiteracy or disability is unable to make an application for access to information or record in accordance with the provision of Subsection (1) above, may make that application orally.

New Subsection 4 (4)

Any official of a government or public institution to whom an applicant makes an oral application for information or record, shall reduce the application into writing in the form prescribed under Subsection (1) above and shall provide a copy of the written application to the applicant.

Notice where access to records are requested

(a) give written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and

(b) if access is to be given, give the person who made the request access to the record or part thereof.

(a) if access is to be given, give the person who made the application access to the information or record or part thereof, within the same time frame set out above.

(1) Insert the words “information or” before “record” in line 1.

Delete the word “requested” in line 1 and insert “applied for”

Delete “and/” in line 3

Delete the word “request” in line 4 and insert the word “application”

Delete in lines 5 & 6, the expression “`10, within seven days after the request is received” and replace it with the following expression “9 of this Act, not later than thirty (30) working days from the date of receipt of the application”.

(a) Delete the word “request” in line 2 and insert the word “application”

Insert the words “information or” before the word “record” in line 3

Transfer of

Request

(2) For the purpose of Section 6, where a request is transferred under subsection (1) of this section, the request shall be deemed to have been made to the government and or public institution to which it was transferred on the day the government and/or public institution received it.

(3) For the purpose of Subsection (1), a government and/or public institution has a greater interest in a record if -

(a) the record was originally produced in or for the institution; or

(b) in the case of a record not originally produced in or for a government and or public institution, the institution was the first government and/or public institution to receive the record or a copy thereof.

(2) Where an application is transferred under subsection (1) of this section, the application shall be deemed to have been made to the government or public institution to which it was transferred, on the day the transferee receives it.

(3) For the purpose of Subsection (1), a government or public institution has a greater interest in a record or information if:-

(a) the record or information was originally produced in or for the institution; or

(b) in the case of a record or information not originally produced in or for a government or public institution, the institution was the first to receive it.

(1) Delete the word “and/” in lines 1, 5 and 13

Insert in lines 3, 6 & 12 the words “the information or” before “record”

Insert in line 10 the word “working” after the word “seven”

Delete the expression “7 days” in line 10 and replace it with “14 working days”

Delete the word “ease” in line 15 and replace it with “case”

Replace the word “request” with the word “application” in lines 2,7,12,15,17,19 and 20 respectively.

Also delete the word “a” in line 2 and replace it with “an”.

Delete in lines 17 & 18 the expression “which notice shall contain a statement informing”

Insert in lines 3, 6 & 12, the words “the information or” before “record”

(2) Delete the words “For the purpose of Section 6” in line 1.

Delete “a request” in lines 2 and 3 and replace it with “an application” in line 1 and “the application” in lines 2 & 3

Delete the word “and/” in lines 4 & 6.

(3) Delete the word “and/” in line 2

Insert “or information” in line 3

Insert “or information” after “record” in lines 1 of (a) & (b)

(b) Delete the word “and/” in line 4 and also insert the word “it” after “received” in the same line 4.

Delete from line 4, the expression “government and/or public institution”

Delete from line 5 the following expression “the record or a copy thereof” and replace it with the word “it”.

Extension

of time

Limit & deemed refusal of application

(a) the request is for a larger number of records or necessitates a research through a large number of records and meeting the original time limit would unreasonably interfere with the operations of the government and/or public institutions; or

(b) consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit, by giving notice of the extension stating whether the extension falls under the circumstances set out in paragraph (a) or (b), which notice shall contain a statement that the person has a right to have the decision to extend the time limit reviewed by a Court.

(a) the application is for a larger number of records or necessitates a research through a large number of records and meeting the original time limit would unreasonably interfere with the operations of the government or public institutions;

(b) consultations are necessary to comply with the application that cannot reasonably be completed within the original time limit.

(2) The head of the government or public institution shall give effect to the decision to grant an extension of time, by giving notice of the extension of time to the applicant and such notice shall state whether the extension falls under the circumstances set out in Subsection (1)(a) or (b) above.

(3) The notice referred to in Subsection (2) shall also contain a statement that the applicant has a right to have the decision to extend the time limit reviewed by a Court

(4) New Subsection (4)

Where the head of a government or public institution either fails or refuses to give a decision on an application for information or record within the timeframe stipulated in Sections 5(1) and 7(1), he or she shall be deemed to have refused the application.

The first paragrapgh is becomes 7(1)

(1) Delete the word “and” in line 1

Delete “Section 6 or Subsection 7” in line 3 and insert” Section 5 ”

Delete the word “a request” in line 4 & insert “an application”

Delete the word “Seven” in line 6 and insert “ten working”

(a) Delete “request” in line 1 & insert “application”

Also delete “and/” in line 6

Subsection (1)(b) is amended as follows;

Delete “request” in line 2 & insert “application”

Insert a full stop after the words “ time limit”

Move the portion of the subsection beginning with;

“by giving notice of the extension stating whether the extension falls under the circumstances set out in paragraph (a) or (b), which notice shall contain a statement that

the person has a right to have the decision to extend the time limit reviewed by a Court.” into two new Subsections (2) & (3), which are both also subsequently amended as stated below.

New Subsection (2)

(2) The head of the government or public institution shall give effect to the decision to grant an extension of time, by giving notice of the extension of time to the applicant and such notice shall state whether the extension falls within the circumstances set out in Subsection (1)(a) or (b) above.

New Subsection (3)

(3) The notice referred to in Subsection (2) above shall also contain a statement that the applicant has a right to have the decision to extend the time limit reviewed by a Court

(4) New Subsection (4)

Where the head of a government or public institution either fails or refuses to give a decision on an application for information or record within the timeframe stipulated in Sections 5(1) and 7(1) above, he or she shall be deemed to have refused the application.

Where access is

refused

(2) Any notification of denial of any request for records shall set forth the names of each person responsible for the denial of such request.

(3) The head of a government and or public institution shall be required to indicate under subsection (1) whether a record exists.

(4) Where the head of a government and or public institution fails to give access to record requested under this Act or part thereof within the time limits set out in this Act, the head of the institution shall, for the purposes of this Act, be deemed to have refused to give access.

(2) Any notification of denial of any application for information or records shall set forth the names, designation and signature, of each person responsible for the denial of such application.

3) The head of a government or public institution shall be required to indicate under subsection (1) whether the information or record exists.

(4) Where the head of a government or public institution fails to give access to information or record applied for under this Act or part thereof within the time limit set out in this Act, the head of the institution shall, for the purposes of this Act, be deemed to have refused to give access.

(1) Delete “and” in line 1

In line 3, after the word record, insert “or information” and replace “requested” with “applied for”

Delete the expression “under section 6(a) the specific provision of this Act on which the refusal was based and shall state in the notice” in lines 5 – 8.

Add the words ‘to the applicant the grounds for refusal and that the applicant, the specific provision of this Act that it relates to and” after the word ‘given” in line 5

Delete “person who made the request” in line 8 and replace it with the word “applicant”

(2) Delete “request” in lines 1 and 4 and insert “application”

Insert “information or” before “records” in line 2

After the word ‘names’ in line 3, add the words “designation and signature”

(3) Delete “and” in line 1

Delete (a) in line 3 and insert “the information or”

(4) Delete the word “and” in line 1.

Insert “information or” before record in line 3. Also in line 3 delete “requested” and insert “applied for”

Delete “s” after time limit in line 4

Fees, etc.

and action

for waivers

(a) fees shall be limited to reasonable standard charges for document search, duplication, review and transcription where necessary, when records are requested for commercial use;.

(2) Document shall be furnished without any charge or at a charge reduced below the fees established under Section 10(1)(b) if disclosure of the information is in the public interest because it is linely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.

(3) Fees schedules shall provide for the recovery of only the direct costs of search, duplication, reproduction, review or transcription where the record being requested under this Act is produced as a result of the request from a machine readable record under the control of a government and/or public institution.

(7) No government or public institution may request advance payment of any fees unless the requester under has previously failed to pay fees in a timely fashion.

(8) Nothing in this Act shall supercede fees chargeable under a statute specifically providing for setting the level of fees for particular types of records.

(2) A document or record shall be furnished at a charge reduced below the fees established under Section 9(1) if it would contribute significantly to the public understanding of the operations or activities of the government.

(3) The fee schedule shall provide for the recovery of only the direct cost of duplication, reproduction or transcription where the record being applied for under this Act is produced as a result of the application, from a machine readable record under the control of a government or public institution.

(6) “No fee may be charged by any government or public institution, if the costs of routine collection and processing of the fee are likely to equal or exceed the amount for the fee.

(7) No government or public institution shall request advance payment of any fees.

(8) Nothing in this Act shall supercede fees chargeable under a statute specifically providing for or setting the level of fees for particular types of records.

(1) In the light of the provision of the old Section 2(2), which is now the new Section 4(2) it is important that the words “when records are requested for commercial use” be deleted and the entire Subsection be renumbered as Section 9 (1)

Also delete the words “search”, “review and transcription where necessary” in lines 2 & 3 respectively, as both actions are being undertaken within the framework of the regular responsibilities of the officials involved in this duty and for which they are being remunerated.

(b) Delete the entire Section 9 (1) (b) as the fee structure is the same as that provided for in Section 9 (1) (a)

Section 9 (1) © is repetitive and so should be deleted in its entirety.

(2) Insert the word “A” before “document” in line 1 and the words “or record” after “document” also in line 1.

After “if” in line 3 insert “it would” and then delete the words “disclosure of the information is in the public interest and is likely to”

Also delete the words “and is not primarily in the commercial interest of the requester”.

(3) Insert the word “The” before “fee” in line 1 and delete the letter “s” from the words “fees” and “schedules”.

Delete the words “search” and “review” in lines 2 & 3 respectively.

Delete the words “requested under” and “request” in lines 5 & 6 and insert the words “applied for” and “application,” respectively

Delete “and/” in line 8

(4) For the reasons earlier stated in relation to this point in Section 9(1) above, Subsection (4) is deleted in its entirety.

(5) Similarly Subsection (5) is also deleted in its entirety.

(6) In the light of the proposal below to delete Subsection 6(b), we propose to merge Subsection 6(a) with the opening phrase in Subsection 6 to read as follows; Subsection 6

“No fee may be charged by any government or public institution, if the costs of routine collection and processing of the fee are likely to equal or exceed the amount for the fee.

(b) Deleted in its entirety

(7) Delete the word “may” in line 1 and replace it with “shall”.

Also delete the words ‘unless the requester has previously failed to pay fees in a timely fashion” in line 2.

Insert or after for and before setting in line 3 of subsection (8)

(2) Every government or public institution shall ensure the proper maintenance of all information or record in its custody, in a manner that facilitates public access to such information or record under this Act.

(1) Every government or public institution shall ensure that it keeps every information or record about the institution’s operations, personnel, activities and other relevant or related information or records.

(2) Every government or public institution shall ensure the proper maintenance of all information or record in its custody, in a manner that facilitates public access to such information or record under this Act.

Destruction

or falsification of records

Insert “by a competent Court with a minimum of 1 year” after conviction and before imprisonment in lines 2 & 3 of Section 11

After ‘applies’ in line 5, delete the words ‘who tries to either’.

Add ‘to’ before the word ‘willfully’ in line 6

Delete the word “requesting” and insert “applying”

Access to records.

(a) a reasonable opportunity to inspect or copy the record;

(b) in the case of a record that is an article or thing from which sounds or visual images are capable of being reproduced, the making of arrangements for the person to hear or view these sounds or visual images;

(c) in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or which words are contained in the form of shorthand writing or in codified form, provision by the government and/or public institution of a written transcript or the words recorded or contained in the document.

(2) Subject to Subsection (3) of this section, where the person requesting access has requested for such access in a particular form, access shall be given in that form.

(3) if the giving of access in the form requested by the person-

(a) would interfere unreasonably with the operations of the government and or public institution, or the performance by any officer or employee thereof of his functions,

(b) would be detrimental to the preservation of the record or, having regard to the physical nature of the record, would not be appropriate; or

(c) would, but for the provisions of this Act, involve an infringement of copyright (other than copyright owned by the Federal Republic of Nigeria, a state, or a local government, or a government and or public institution thereof) subsisting in matter contained in the record, being matter that does not relate to the affairs of a government and/or public institution, access in that form may be refused and access shall be given in another form.

(4) subject to Subsection 13(1), where a person requests access to a record in a particular form and, for a reason specified in subsection (3) hereof, access in that form is refused but access is given in another form, the person requesting access shall not be requested to pay a charge in respect of the provision of access to the record that is greater than the charge that he would have been required to pay if access had been given in the form requested.

(a) a reasonable opportunity to inspect or copy the record;

(b) in the case of a record that is an article or thing from which sounds or visual images are capable of being reproduced, the making of arrangements for the person to hear or view these sounds or visual images;

(c) in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or which words are contained in the form of shorthand writing or in codified form, provision by the government or public institution of a written transcript or the words recorded or contained in the document.

(2) Subject to Subsection (3) of this section, where the person applying for access has applied for such access in a particular form, access shall be given in that form.

(3) if the giving of access in the form applied for by the person;

(a) would interfere unreasonably with the operations of the government or public institution, or the performance by any officer or employee thereof of his functions;

(b) would be detrimental to the preservation of the record or, having regard to the physical nature of the record, would not be appropriate; or

(c) would, but for the provisions of this Act, involve an infringement of copyright (other than copyright owned by a government or public institution thereof) subsisting in the information contained in the record, being information that does not relate to the affairs of a government or public institution, access in that form may be refused and access shall be given in another form.

(4) subject to Section 13, where a person applies for access to a record in a particular form and, for a reason specified in subsection (3) hereof, access in that form is refused but access is given in another form, the person applying for access shall be required to pay the cost of providing access to the information or record in that alternate form.

(1) Insert “or information” after “record”

© Delete the expression “and/” in line 7.

(2) Delete “requesting” in line 2 and “requested” in line 3 and replace with the words “applying for” and “applied” respectively.

(3) Delete the word “requested” and replace it with “applied”

(a) Delete “and” in line 2

© Delete the words “the Federal Republic of Nigeria, a State, or a local government, or” in lines 3 to 5.

Delete “and/” in lines 5 & 9 respectively.

Delete the word “matter” in lines 6 & 7 and replace it with “the information” in line 6 & “information” in line 7.

(4) Delete the word “Subsection” in line 1 and replace with the word “Section”.

Also delete the words “requests”, “requesting” and “requested” in lines 2, 6 and 11 respectively and replace with the words “applies”, “applying” and “applied”

Delete the words “not” and “requested” in lines 6 & 7 and replace it with “required”

Also delete the words “a charge in respect of the provision of access to the record that is greater than the charge that he would have been required to pay if access had been given in the form requested.” and replace it with “the cost of providing access to the information or record in that alternate form.

This above proposal is being made in keeping with the underlying principle that the applicant’s should be limited to the cost of producing a copy of the document or record for him or her.

Where information is not available in discrete form

a) it appears from the request that the desire of the person requesting access is for information that is distinct form in documents of the government and/or public institution, and

b) the government and or public institution could produce a written document containing the information in distinct form by-

i) the use of a computer or of other equipment that is ordinarily available to the government and/or public institution for retrieving or collating stored information, or

ii) the making of a transcript from a sound recording held in the government and or public institution, the government and/or public institution shall deal with the request as if it were a request for access to a written document so produced and containing that information, and, for that purpose, this Act applies as if the government and or public institution had such a document in its possession.

International affairs and defence

(1) Delete “and” from line 1.

Insert “information or” in line 2.

Delete “requested under this Act that contains information,”

After the word “defence” in line 6 add “Security”

Law

Enforcement

and investigations

(i) interfere with pending or actual and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency,

(ii) interfere with pending administrative enforcement proceedings conducted by any government and/or public institution;

(iii) deprive a person of a fair trial or an impartial hearing,

(iv) unavoidably disclose the identity of a confidential source;

Subsection (1) (b) information the disclosure of which could reasonably be expected to be injurious the security of penal institutions.

(2) The head of a government and/or public institution may refuse to disclose any record requested under this Act that contains information that could reasonably be expected to facilitate the commission of an offence.

(i) Interfere with or obstruct a pending, actual or reasonably contemplated law enforcement investigation or activities conducted by any law enforcement or correctional agency.

(ii) interfere with or obstruct a pending, actual or reasonably contemplated administrative enforcement proceedings conducted by any government or public institution;

(iii) deprive a person of a fair trial;

(iv) disclose the identity of a confidential source;

Subsection (1) (b) is retained as in the Bill but with the deletion of both the old Subsections (v) & (vi) and for purposes of harmonizing the entire Section, it is being proposed that it be renumbered as the new (v) as shown below.

(v) information the disclosure of which could reasonably be expected to be injurious to the security of penal institutions.

(2) The head of a government or public institution may refuse to disclose any information or record applied for that could reasonably be expected to facilitate the commission of an offence.

Delete “and/” in line 1

Delete the expression “record requested under this Act that contains” in line 2 and replace with “information or record applied for, the disclosure of which would”

Delete Subsection (1) (i) because it is repetitive and more clearly covered by Subsections (1) (i) & (1) (ii) respectively.

(i) Insert in line 1 the words “or obstruct” before the words “a pending”.

Also in line 1, insert a comma after the word “pending” in line 1 and then delete the words “or” before “actual”

Delete the comma after “actual” and the word “and”. In its place insert the word “or”, all in line 1.

(b) Insert in line 1 the words “or obstruct a” before the word “pending”.

Insert the words “actual or reasonably contemplated” before the word “administrative” in line 1.

Delete the word “and/” in line 3.

(c) Delete the words “or an impartial hearing”

(d) Delete the word “unavoidably”

Subsection (a) above has been expanded to include the content of (vi), hence our proposal to delete (vi) in its entirety.

Subsection 16 (1) (b) is retained as in the Bill but with the deletion of both the old (e) & (f) and for purposes of harmonizing the entire Section, it is being proposed that it be renumbered as the new (e) as shown below.

(e) Information the disclosure of which could reasonably be expected to be injurious the security of penal institutions.

(2) Delete the word “and” in line 1

 
Delete the words “requested under this Act that contains information” in line 2.
After the word “disclose” in line 2, insert the words “information or”
 

Also insert the words “applied for” after the word “record” in line 2.

Economic interest of the Federal Republic on Nigeria

(a) trade secret, financial, commercial, or technical information that belongs to the government of the Federal Republic of Nigeria or any State or Local Government thereof, and has substantial economic value or is likely to have substantial value;

(b) information the disclosure of which could reasonably be expected to prejudice the competitive position of a government and/or public institution;

(c) scientific or technical information obtained through research by an officer or employee of a government and/or public institution the disclosure of which could reasonably be expected to deprive the officer or employee of priority of publication or

(d) information the disclosure of which could reasonably be expected to be materially injurious to the financial interest of the Federal Republic of Nigeria, or any State or Local Government thereof, or the ability of the Federal Government, a State or Local Government to manage its economy, or could reasonably be expected to result in an undue benefit to any person, including but not limited to the following information:-

Subsection (2)

(i) the currency, coinage or legal tender of the Federal Republic of Nigeria;

(ii) a contemplated change in the rate of banks interest or in government borrowing;

(iii) a contemplated change in tariff rates, taxes, duties or any other revenue sources;

(iv) a contemplated change in the conditions of operation of financial institutions; and

(v) a contemplated sale or purchase of securities or of foreign or Nigerian currency.

(a) trade secret, financial, commercial, or technical information that belongs to the government of the Federal Republic of Nigeria or any State or Local Government therefore, and has substantial economic value or is likely to have substantial value;

(b) information the disclosure of which could reasonably be expected to prejudice the competitive position of a government and/or public institution;

(c) scientific or technical information obtained through research by an officer or employee of a government and/or public institution the disclosure of which could reasonably be expected to deprive the officer or employee of priority of publication or;

(d) information the disclosure of which could reasonably be expected to be materially injurious to the financial interest of the Federal Republic of Nigeria, or any State or Local Government thereof, or the ability of the Federal Government, a State or Local Government to manage its economy, or could reasonably be expected to result in an undue benefit to any person, including but limited to the following information:-

Subsection (2)

(i) the currency, coinage or legal tender of the Federal Republic of Nigeria;

(ii) a contemplated change in the rate of banks interest or in government borrowing.

(iii) a contemplated change in tariff rates, taxes, duties or any other revenue sources;

(iv) a contemplated change in the conditions of operation of financial institutions, and

(v) a contemplated sale or purchase of securities or of foreign or Nigerian currency.

Delete the word “and” in line 1

Insert the words “information or” after the word “disclose” in line 2

Delete the words “requested under this Act” in line 3 and insert the words “applied for”

(a) Subsections 17(a), (b), (c) and (d) of the original bill adopted

(17) New Subsection (2)

In relation to the provisions of this Subsection (2) (i), (ii), (iii), (iv) and (v) of the original bill adopted

Personal Information

(i) files and personal information maintained with respect to clients, patients, residents, students, or other individuals receiving social, medical, educational, vocational, financial, supervisory or custodial care or services directly or indirectly from federal agencies or government and or public institutions;

(ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any government and/or public institution or applicants for such positions;

(iii) files and personal information maintained with respect to any applicant, registrant or licensee by any government and/or public institution cooperating with or engaged in professional or occupational registration, licensure or discipline;

(iv) information required of any tax payer in connection with the assessment or collection of any tax unless disclosure is otherwise requested by state statute; and

(v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies.

(2)The head of a government and or public institution may disclose any record requested under this Act that contains personal information if -

(a) the individual to whom it relates consents to the disclosure;

(b) the information is publicly available.

(i) files and personal information maintained with respect to clients, patients, residents, students, or other individuals receiving social, medical, educational, vocational, financial, supervisory or custodial care or services directly from government or public institutions;

(ii) personal files and personal information maintained with respect to employees, appointees or elected officials of any government or public institution or applicants for such positions;

(iii) files and personal information maintained with respect to any applicant, registrant or licensee by any government or public institution cooperating with or engaged in professional or occupational registration, licensing or discipline;

(iv) information required of any tax payer in connection with the assessment or collection of any tax unless disclosure is otherwise permissible by statute; and

(v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies.

(2)The head of a government or public institution may disclose any information or record applied for that contains personal information where -

(a) the individual to whom it relates consents to the disclosure;

(b) the information is publicly available.

Delete the word “and” in line 2

Insert after the word “any” in line 3, the words “information or”

 
Also delete the words “requested under this Act” in lines 3 – 4 and in its place, insert the words “applied for”
 

(i) Delete the words “federal agencies or” that appear before the word “government” in line 7 and also delete the word “and” after “government” also in line 7

(ii) Delete the words “and/” in line 4.

(iii) Delete the words “and/” in line 4.

Delete the word “licensure” in line 6 and replace it with “licensing”.

(iv) Delete the word “requested” in line 4 and insert the word “permissible”.

Also delete the word “state” in in line 4

(2) Delete the word “and” in line 1 and also insert the words “information or” before the word “record” in line 2.

Delete the words “requested under this Act” in line 3 and replace with “applied for”

Also delete the word “if” in line 4 and replace with “where”

(3) Insert after the word “information”, the words “or record” in lines 1, 4, 6 and 9, respectively.

Delete the word “and/” in line 7 and “a request for disclosure is” in 8.

Insert the words “an application has been” in line 8.

After the word ‘Act’ in line 11, insert the words ‘provided however that;

Third party

Information

(a) trade secrets and commercial or financial information obtained from a person or business where such trade secrets or information are proprietary, privileged or confidential, or where disclosure of such trade secrets or information may cause competitive harm. Nothing contained in this subsection shall be construed to prevent a person or business from consenting to disclosure;

(b) information the disclosure of which could reasonably be expected to interfere with the contractual or other negotiations of a third party;

(c) proposal and bids for any contract, grants, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person.

(2) The head of a government and or public institution shall not, pursuant to subsection (1), refuse to disclose contains the result or product of environmental testing carried out by or on behalf of a government and/or public institution.

(3) Where the head of a government and/or public institution discloses a record requested under this Act, or a part thereof, that contains the result of a product or environmental testing, the head of the institution shall at the same time as the record or part thereof is disclosed provide a person who requested the record with a written explanation of the methods used in conducting the test.

(4) The head of a government and public institutions shall disclose any record requested under this Act, or any part thereof, that contains information described in paragraph (1) (a) and (b) if that disclosure would be in the public interest as it relates to public health, public safety or protection of the environment and, if the Public Interest in disclosure clearly outweighs in importance any financial loss or gain to, or prejudice to the competitive position of, or interference with contractual or other negotiation of a third party.

(a) trade secrets and commercial or financial information obtained from a person or business where such trade secrets or information are proprietary, privileged or confidential, or where disclosure of such trade secrets or information may cause competitive harm. Nothing contained in this subsection shall be construed to prevent a person or business from consenting to disclosure;

(b) information or record the disclosure of which could reasonably be expected to interfere with the contractual or other negotiations of a third party;

(c) proposal and bids for any contract, grants, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person.

(2) The head of a government or public institution shall not, pursuant to Subsection (1), refuse to disclose any information, record or any part thereof if such information or record or any part thereof contains the result or product of environmental testing carried out by or on behalf of a government or public institution.

(3) Where the head of a government or public institution discloses any information or record applied for under this Act, or a part thereof, that contains the result of a product or environmental testing, the head of the institution shall at the same time as the record or part thereof is disclosed provide a person who applied for the information or record with a written explanation of the methods used in conducting the test.

(4) The head of government or public institutions shall disclose any information or record applied for under this Act, or any part thereof, that contains information described in paragraphs (1) (a) and (b) if that disclosure would be in the public interest as it relates to public health, public safety or protection of the environment.

(1) Delete the words “and/” in line 1 and “requested” in line 3.

Insert the words “information or” before the word “record” in line 2 and the words “applied for” after the word “record” also in line 3

(b) Insert the words “or record” in line 1.

(2) Delete the word “and/” in lines 1 and 6.

Delete the expression “a part of a record if that part” in line 3 and replace it with the following expression “any information, record or any part thereof if such information or record or any part thereof”

(3) Delete the word “and” in line 1 and the word “requested” in lines 3 & 8 respectively and replace it with the words “applied for”.

Insert the words “information or” before the word “record” in lines 2 & 8 and also delete the word “a” before the word “record” in line 2.

(4) Delete the word “and” in line 1 and replace it with the word “or”

Insert the words “information or” before the word “record” in line 2 and also insert after “record” the words “applied for” in line 2.

(4) Insert the letter “s” to the word “paragraph” in line 4.

(2) Subsection (1) does not apply in respect of a record that contains-

(a) an account of, or a statement of reasons for a decision that is made in the exercise of a discretionary power or an adjudicative function and which affect the rights of a person; or

(b) a report prepared by a consultant or an adviser who was not, at the time the report was prepared, an officer or employee of a government and/or public institution or a member of staff of a Ministry of the Federal Government or Commissioner of a State Government..

(2) Subsection (1) does not apply in respect of a record that contains-

(a) an account of, or a statement of reasons for a decision that is made in the exercise of a discretionary power or an adjudicative function and which affect the rights of a person; or

(b) a report prepared by a consultant or any adviser who was not, at the time the report was prepared, an officer or employee of a government or public institution.

Delete the word “and” in lines 1 & 11 & “requested under this Act” in line 3..

Insert the words “information or” before the word “record” in lines 3 & 13.

Also insert the words “applied for” after the word “record” in line 3.

Delete the word “those” in line 13 and replace with the word “the”

(b) Delete the word “and/” in line 4 and all the words after “ public institution” in line 5.

Legal Practitioner / Client privilege and Doctor/Client privilege

Delete the word “and/” in line 1

Delete the words “may refuse to” in line 2 and replace it with “shall not”

Insert the words “information or” before the word “record” in line 2.

Delete the words “requested under this Act” in line 3 and in its place insert the words “applied for”.

Delete the words “that contains information that is subject to” in lines 3 & 4 and replace it with the words “the disclosure of which would breach”

Insert after the word “client” in line 5, the words “Doctor-Patient”

Course or

Research

materials

Delete the word “and/” in line 1 and the words “requested under this Act” in line 3.

Also delete the from line 3, the words “course materials” and insert after the word “research” the word “materials”

Severability

Delete the words “a request” in line 2 and replace it with the words “an application”

Delete the word “and” in line 3.

Insert the words “information or” before the word “record” in lines 4 & 9.

Delete the word “a” before the word “record” in line 4.

Judicial review

Delete the word “a” before the word “record” in line 2 and also delete the words “requested under this Act” after the word “record” in line 2.

Delete from line 3, the word “matter” and replace it with the word “decision”

Delete the word “thirty” in lines 3 and 8 and replace it with “three hundred and sixty five”

Insert after the word “after” in line 4, the words “being notified of the refusal by”

Delete the word “and/” in line 5

Also delete from line 5, the expression “refuses or is deemed to have refused the request ,”

Insert in line 5, the following words “when the head of the government or public institution is deemed to have refused the application or”

Delete the word “request” in line 7

Refusal by

head of

government and/

or public

institution to

disclose records

(a) test questions, scoring keys and other examination data used to administer an academic examination or determine the qualifications of an application for a license or employment;

(b) architects’ and engineers’ plans for buildings not constructed in whole or in part with public funds and for buildings constructed with public funds, to the extent that disclosure would compromise security; and

© library circulation and other records identifying library users with specific materials.

(a) test questions, scoring keys and other examination data used to administer an academic examination or determine the qualifications of an application for a license or employment;

(b) architects’ and engineers’ plans for buildings not constructed in whole or in part with public funds and for buildings constructed with public funds, to the extent that disclosure would compromise security; and

(c) library circulation and other records identifying library users with specific materials.

(1) Appropriately number the opening paragraph as (1)

Delete the word “and” in line 1

Insert the words “information or” before the word “record” in line 2 and the words “applied for” after “record” in line 2.

Insert a new Subsection (2).

Access to record by Court

Delete the words “Section 23” and in its place insert “Section 25” in line 6

Delete the words “and/” in line 8

Court to take precautions against disclosing information.

Delete the words “Section 23” in line 2 ad replace it with the words “Section 25.”

Delete the word “and/” in line 9.

Also delete the word “requested” in line 11 and replace it with the words “applied for”

Burden of proof

Delete the words “Section 23” in line 2 ad replace it with the words “Section 24.”

Delete the word “and/” in lines 4 & 7

Delete the word “a” and insert the words “information or”.

Exempted Materials.

(a) published material or material available for purchase by the public;

(b) library or museum material made or acquired and preserved solely for public reference or exhibition purposes; or

(c) material placed in the National Library, the National Museum or the non-public section of the National Archives of the Federal Republic of Nigeria on behalf of any person or organization other than a government and/ or public institution.

(a) published material or material available for purchase by the public;

(b) museum material made or acquired and preserved solely for public reference or exhibition purposes; or

(c) material placed in the National Museum or the non-public section of the National Archives of the Federal Republic of Nigeria on behalf of any person or organization other than a government or public institution.

(b) Delete the words “library or” in line 1

© Delete the words “the National Library” in line 1

Protection of

Public Officers

Cap. 77 LFN,

1990, Cap.

245 LFN, 1990

Cap 335, 1990

( (2) No civil or criminal proceedings shall lie against any person receiving the information or further disclosing it.

(2) No civil or criminal proceedings shall lie against any person receiving the information or record or further disclosing it.

(1) Delete the word “and/” in lines 5 & 7 respectively.

Insert the words “information or” after the word “any” in line 11.

Insert the word “thereof” after the word “part” in line 11 and delete the words “of a record” also in line 11.

(2) Insert the words “or record” after the word “information” in line 2.

Submission of

Reports

(a) the number of determinations made by the Government or Public Institution not to comply with requests for records made to such Government or Public Institution under this Act and the reasons for each such determinations;

(b) the number of appeals made by persons made under this Act, and the reason for the action taken upon each appeal that results in denial of information;

(c) a description of whether a court has upheld the decision of the Government or Public Institution to withhold information under such circumstances and a concise description of the scope of any information withheld;

(d) the number of requests for records pending before the Government or Public Institution as of October 31 of the preceding year and the median number of days that such requests had been pending before the Government or Public Institution as of that date;

(e) the number of requests for records received by the Government or Public Institution and the number of requests which the government or public institution processes;

(f) the median number of days taken by the government or public institution to process different types of requests;

(g) the total amount of fees collected by the Government or Public Institution to process such request; and

(h) the number of full-time staff of the Government or Public Institution devoted to processing requests for records, and or the total amount expended by the Government or Public Institution for processing such requests .

(2) Each government or public institution shall make such report available to the public including by computer telecommunications, or if computer telecommunications means have not been established by the Government or Public Institution, by other electronic means.

(3) The Attorney-General shall make each report, which has been submitted to him, available at a single electronic access point.

(4) He shall notify the Chairman and ranking miniority member of the Committee on Government Reform Oversight of the House of Representatives and the Chairman and ranking miniority member of the Committees on Government Affairs and the Judiciary of the Senate,, not later than April of the year in which each such report is issued, that such reports are available by electronic means

(5) The Attorney-General shall develop reporting and performance guidelines in connection with reports required by this section and may establish additional requirements for such reports as the Attorney General determines may be useful.

(6) The Attorney-General shall submit an annual report on or before April 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this Act, the exemption involved in each case, the disposition of such case and the cost, fees, and penalties assessed.

(7) Such report shall also include a description of the efforts taken by the Ministry of Justice to encourage all government or public institutions to comply with this Act.

(8) For purposes of this section, the term – (a) “government” includes any executive department, military department, government corporation, government controlled corporation, or other establishment in the executive branch of the

government (including the Executive office of the President), or any other independent regulatory government or public institution; and

(b) “record” means any terms used in this Act in reference to information which includes any information that would be government or public institution record subject to the requirements of this Act when maintained by government or public institution in any format, including an electronic format.

(a) the number of determinations made by the Government or Public Institution not to comply with requests for records made to such Government or Public Institutions under this Act and the reasons for such determinations;

(b) the number of appeals made by persons made under this Act, and the reason for the action taken upon each appeal that results in denial of information;

(c) a description of whether a court has upheld the decision of the Government or public institution to withhold information under such circumstances and a concise description of the scope of any information withheld;

(d) the number of requests for records pending before the Government or public institution as at October 31 of the preceding year and the median number of days that such applications had been pending before the Government or public institution as at October 31 of that date;

(e) the number of requests for records received by the Government or public institution and the number of requests which the government or public institution processes;

(f) the median number of days taken by the government or public institution to process different types of request;

(g) the total amount of fees collected by the Government or public institution to process such request; and

(h) the number of full-time staff of the Government or public institution devoted to processing request for records, and or the total amount expended by the Government or public institution for processing such requests.

2) Each government or public institution shall make its report available to the public, including by computer, telecommunications, or if computer telecommunications means have not been established by the Government or public Institution, by other electronic means.

(3) The Attorney-General shall make each report, which has been submitted to him, available online, and in hard copies.

(4) The Attorney General shall notify the National Assembly not later than April of the year in which each Report is issued, that such reports are available both electronically and in hard copies.

(5) The Attorney-General shall develop reporting and performance guidelines in connection with reports required by this section and may establish additional requirements for such reports as he may determine.

(6) The Attorney-General shall submit to the National Assembly an annual report on or before April 1 of each calendar year which shall include for the prior calendar a listing of the number of cases arising under this Act, the exemption involved in each case, the disposition of such case, the fees, and penalties assessed.

(7) Such report shall also include a description of the efforts taken by the Ministry of Justice to encourage all government or public institutions to comply with this Act.

(8) For purposes of this section, the term – (a) “government” includes any executive department, military department, government corporation, government controlled corporation, or other establishment in the executive branch of the

government (including the Executive office of the President), or any other independent regulatory government or public institution; and

(b) “record” means any terms used in this Act in reference to information which includes any information that would be government or public institution record subject to the requirements of this Act when maintained by government or public institution in any format, including an electronic format.

Subsection (3)

Insert after the word “him” in line 2, the words “or her”

(4) Delete the word “He” in line 1 and replace it with “The Attorney General”

Delete the words from “Chairman” in line 1 to “Senate” in line 8 and the words “by electronic means” in lines 10 & 11.

Insert “the National Assembly” in line 1.

(5) Delete the words “the Attorney General determines may be useful” in lines 5 – 7 and replace with “he may determine”

(6) Insert after the word “submit” in line 1, the words “National Assembly”

8(b) Insert the words “information or” before “record” in line 1 and also insert the words “or record” after the word “information” in lines 2 & 3.

Insert the words “in the custody of any” in line 4.

Delete from lines 4 to 7, the words “record subject to the requirements of this Act when maintained by government or public institution”

Complimentary

procedures

(2) Where the question whether any public record and or information is to be made available, where that question arises under this Act, the question shall be determined in accordance with the provisions stated herein, unless otherwise exempted by this Act.

(2) Where the question whether any public record and or information is to be made available, where that question arises under this Act, the question shall be determined in accordance with the provisions stated herein, unless otherwise exempted by this Act.

Interpretation

“Court” means a State High Court where the official information in question is kept by local or State government institution and the Federal High Court where the official information in question is kept by a Federal Government institution.

“Foreign State” means any State other than the Federal Republic of Nigeria;

“Public/Government Institution” means any legislative, executive, judicial, administrative or advisory body of the Federal, State and Local Governments, boards, bureau, committees or commissions of the State, and any subsidiary body of those public bodies including but not limited to committees and sub-committees which are supported in whole or in part by public fund or which expends public fund and private bodies carrying out public functions;

“Public record or document” means a record in any form having been prepared, or having been or being used, received, possessed or under the control of any public or private bodies relating to matters of public interest

and includes -

(a) any writing on any material;

(b) any information recorded or stored or other devices; and any material subsequently derived from information so recorded or stored;

(c) any label, marking, or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;

(d) any book, card, form, map, plan, graph, or drawing;

(e) any photograph, film, negative, microfilm, tape, or other device in which

one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced;

“Minister” means the Minister charged with responsibility for information;

“Person” includes a corporation sole, and also a body of persons whether corporate or incorporate; acting individually or as a group;

“Personal information” means any official information held about an identifiable person; but does not include information that bears on the public duties of public employees and officials.

“Court” means a State High Court where the official information or record in question is kept by local or State government institution and the Federal High Court where the official information or record in question is kept by a Federal Government institution.

“Foreign State” means any State other than the Federal Republic of Nigeria;

“Public/Government Institution” means any legislative, executive, judicial, administrative or advisory body of the Federal, State and Local Governments, boards, bureau, committees or commissions of the State, and any subsidiary body of those public bodies including but not limited to committees and sub-committees which are supported in whole or in part by public fund or which expends public fund and private bodies carrying out public functions;

“Public record or document” means a record in any form having been prepared, or having been or being used, received, possessed or under the control of any public or private bodies relating to matters of public interest

and includes -

(a) any writing on any material;

(b) any information recorded or stored or other devices; and any material subsequently derived from information so recorded or stored;

(c) any label, marking, or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;

(d) any book, card, form, map, plan, graph, or drawing;

(e) any photograph, film, negative, microfilm, tape, or other device in which

one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced;

“Minister” means the Minister charged with responsibility for information;

“Person” includes a corporation sole, and also a body of persons whether corporate or incorporate; acting individually or as a group;

“Personal information” means any official information held about an identifiable person; but does not include information that bears on the public duties of public employees and officials.

Insert the words “or record” after the word “information” in lines 2 & 5.

Retained as in the Bill.

Retained as in the Bill.

Retained as in the Bill.

Retained as in the Bill

Retained as in the Bill

Retained as in the Bill.

EXPLANATORY MEMORANDUM

2. This will increase the availability of public records and information to citizens of the country in order to participate more effectively in the making and administration of laws and policies and to promote accountability of public officers.

Delete the expression “and non-citizens.”

Retained as in the Bill.