FOI DESK - NOSDRA

The Freedom of information Act (FOIA), 2011 was enacted by the National Assembly on May 24, 2011 and assented to by President Goodluck Ebele Jonathan on May 28, 2011.

By its passage, the FOIA superseded the Official Secrets Act, 1911 which forbade the unauthorized disclosure, transmission, obtaining, reproduction or retention of any classified information. The FOIA is applicable to both Public Institutions and Private Organizations that provide Public Services and perform Public functions utilizing public funds.

The basis for Freedom of Information is that public officials are custodians of public trust on behalf of persons who have a right to know what they do. The FOIA attempts to remove the hitherto mystery of the operations of government and public institutions and seeks to change the manner in which public records are kept and information stored about the activities, operations and businesses of the public institution.

 Barr. Titilayo Zozoma Baiyelo Head, FOI Desk

Tel: 08032602168

Barr. Obioma Felicia Nzerem

Barr. Mary-Ann Momoh-Ige

Barr. Jennifer Nanman Chiroma

E-mail: foia@nosdra.gov.ng

2021 Report

“THE RIGHT TO INFORMATION LAW CERTIFICATION” PROGRAM FOR LAWYERS IN THE FEDERAL CAPITAL TERRITORY ORGANIZED BY THE ETHICS AND CORPORATE COMPLIANCE INSTITUTE OF NIGERIA IN COLLABORATION WITH THE NIGERIAN BAR ASSOCIATION FROM JANUARY 24-25, 2022 AT THE NATIONAL HUMAN RIGHTS COMMISSION AUDITORIUM, MAITAMA, ABUJA.

The FOIA establishes the right of any person, group, association or organization to access to information from Government Agencies, Parastatals, Federal Civil Service, Public and Private Sector organizations performing Public Services and utilizing Public funds.

Right to information is a Fundamental Human Right contained in Section 39 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The Act seeks to achieve the following objectives:

• Give the Public unfettered access to information from any Public or Private Institution;
• Foster greater Accountability and Transparency;
• Expand effective mechanisms for citizen participation by holding government accountable in the performance of their duties;

Any person, individual, group, association or organization can make a FOI request.

Applications made under the FOIA must comply with the following requirements:

• Must be in writing (either Electronically or Written in Letter Form);
• Must concisely state a clear description of the information sought in as much details as possible;
• Must state that the application is brought under the Freedom of Information Act;
• Should be accompanied by an enabling instrument (Power of Attorney) where necessary;
• Must state the preferred format of response/reply.

*Kindly note that a fee will be charged for the cost of processing the requested information, searches, duplication and transmission of hard copies, diskettes and flash drive.

Who is responsible for handling Information Requests?

The FOI Sub-Unit is responsible, for prompt handling of your request, send to:

The Director General/Chief Executive,

National Oil Spill Detection and Response Agency,

5^th Floor, NAIC Building, Plot 590, Zone AO,

P.M.B. 145 Garki,

Central Business District, Abuja.

ATTN:  Head, FOI Sub-Unit

Electronic request can be sent to foia@nosdra.gov.ng

Requests are responded to within 7 working days of receipt with an additional 7 working days where consultations are necessary in compilation of the information sought or where the application is for a large number of records.

Requests may be redirected where the Agency thinks another institution may have greater interest in the request.

Though the Act gives unfettered access to information to everyone, it also exempts the following:

Exempted Information:

1. International Affairs and National Defense – S. 11
2. Records computed for Administrative or Law Enforcement Purposes – S.12

• Personal Information – S. 14

1. Trade secrets and Commercial or Financial Information – S. 15
2. Professional and other Privileges – S. 16
3. Research Materials – S. 17

• Scoring Keys, Library Circulation, Architectural and Engineering Plans for Public Buildings – S. 19

Exceptions:

Kindly note that the FOIA does not apply to the under listed materials:

1. Published Materials or Materials available for purchase by the public
2. Library or Museum Materials

• Materials placed in the National Library or National Museum.

The Agency shall endeavor to promptly respond to a request within the stipulated time limit. The response includes grant of the information, redirection or denial based on the statutory exemptions.

Yes, a requester can apply to the Federal High Court within 30 days of the denial for Judicial review where he believes he is wrongfully denied access to information.