In a historic judgment that reinforces transparency and democratic accountability at all levels of government, the Supreme Court of Nigeria has unanimously affirmed that the Freedom of Information Act (FOIA) 2011 applies to all tiers of government, including state institutions. This decision marks a decisive reversal of the 2018 majority ruling by the Court of Appeal, Benin Division, which had controversially held that the FOIA only applies to federal Ministries, Departments, and Agencies (MDAs).The apex court allowed the appeal by affirming the decision of the trial court that the National Assembly has the legislative competence to enact laws on public records and archives. The Court noted that the FOIA, enacted to promote transparency, citizen engagement, and accountability in public governance, is binding across the federation.
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