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Freedom of Information

The Freedom of Information Act

The Freedom of Information (FOI) Act is an act to make public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences of disclosing certain kinds of official information without authorisation and establish procedures for the achievement of those purposes and; for related matters.

Frequently Asked Questions on the Freedom of Information Act, 2011 and FOI requests in the NSIA
The Freedom of Information Act, 2011 is an Act that gives everyone the right to access information from any Public Institution, all companies in which government has a controlling interest, and private companies utilising public funds, providing public services, or performing public functions (Section 2(7) FOIA, 2011)
Any person, group, association, or organisation can request information under the Act.
To get information under the FOIA, a request must be made in writing, describing the information sought for, and complying with specific institutional requirements. (e.g, name of applicant, address, phone number etc.)

All FOI requests are to be directed to:

The Managing Director & Chief Executive Officer of the Nigeria Sovereign Investment Authority, 2nd Floor, The Clan Place, Plot 1386a Tigris Crescent Maitama, Abuja, Nigeria.

Web: www.nsia.com.ng

Email: info@nsia.com.ng

Your request will receive a prompt response if it is appropriately addressed.

You can request any of the Authority’s records in any format, but the Authority is not required to create new records or conduct research in response to your request. The Authority may not disclose information which is already in the public domain.

Yes.

Unless an exemption applies the information must, if available, be furnished within 7 working days. (Section 4, FOIA 2011). And an additional 7 days if the application is for a large number of records or consultations are on-going. (Section 6 a-c) FOIA 2011.

Yes. If a public officer or institution conceals, alters or deliberately destroys information, the officer or institution would be liable on conviction to a fine of N500,000.00 (Five hundred thousand Naira only) (Section 7(5), FOIA 2011)
No. Although the law requires the Authority to recover the cost of administering the FOI requests (Section 8, FOIA 2011) NSIA will not charge any fee to cover the costs of providing the information in a manner that promotes sustainability but may charge a fee if records are required to be duplicated beyond its approved threshold.

No.

The FOIA, 2011 gives a person the right to request access to information from public institutions. However, some types of information are exempted from disclosure, and these include but are not limited to:
1). National security records which have been   lawfully classified on national security grounds and remain classified;
2). Records whose disclosure will constitute an unwarranted invasion of an individual’s personal privacy;
3).  Records compiled for law enforcement purposes;
4).  Records protected from release by statutes other than FOIA.
5). Personal information;
6). Third party information;
7). Professional records;
8). Research materials;
7). Denial by Public Institutions; and
8). Exempted materials.
(Section 12,14,15,16,17,19 & 26 FOIA 2011)

Yes.

It is a criminal offense punishable on conviction by the Court with a minimum of 1 year imprisonment for any officers or heads of any government or public institution to wilfully destroy any records kept in their custody or attempt to doctor or otherwise alter same before they are released to any person, entity or community applying for it (Section 10), FOIA 2011.

Yes.

If the information does not fall within the scope of information exempted from release, a public institution can be sued in court for refusing to release it. (Section 1(13), 20 FOIA 2011)

The Federal High Court has jurisdiction to handle complaints pertaining to FOI requests

Yes.

Within 30 days after the public institution denies or is deemed to have denied the application.
(Section 20 FOIA 2011)

Yes.

Every public institution is required to generate and submit a report annually to the Attorney-General of the Federation (AGF). This report should detail the FOI requests processed in the preceding fiscal year.

(Section 29(1)(a) FOIA 2011)

On or before the 1st of February annually

(Section 29(1) FOIA 2011)

Yes

All public institutions are required to make FOI reports publicly available. Additionally, the Attorney-General of the Federation (AGF) must also ensure that these reports are accessible to the public both in physical and electronic forms.

(Section 29(2) (3) FOIA 2011)

NSIA is an ESG compliant organisation.  In keeping with its commitment to protect the environment the Authority will ensure that it provides information in a manner that promotes sustainability.

The Freedom of Information Act