BENIN CITY – The Chief Judge of Edo State, Hon. Justice D.I. Okungbowa, has indicated readiness to issue a judicial practice direction that would streamline enforcement of Nigeria’s Freedom of Information Act (FOIA) within the state.
This commitment emerged during a courtesy visit to the Chief Judge by the leadership of FOI Counsel/Rural Development Information and Legal Advocacy Centre (RUDILAC) led by President Aigbokhan, Esq., with support from the Rule of Law and Anti-Corruption (RoLAC II) programme, funded by the European Union and implemented by International IDEA.
Aigbokhan noted that while Edo has played a pioneering role in FOIA jurisprudence, citing the landmark Austin Osakue & 9 Ors v. Edo State Agency for the Control of AIDS (EDOSACA) case, later affirmed by the Supreme Court, progress requires more than adjudication. Institutional mechanisms, he argued, are essential to make compliance “smooth, predictable, and fair.”
Research conducted in 2024 shows that Nigerian journalists remain hesitant to use FOIA due to procedural bottlenecks, delays, and litigation costs. Aigbokhan proposed that practice directions could remedy this by simplifying filing procedures, reducing costs, clarifying ambiguities, and ensuring annual FOIA case reporting to track compliance trends.
He gave an example of conflicting laws on filing periods: while Section 20 of the FOIA provides for a 30-day filing window, local government laws often require a 30-day pre-action notice. A practice direction could resolve such tensions by clarifying that the FOIA deadline overrides pre-action requirements.
“By providing clarity, practice directions reduce protracted litigation, arbitrary refusals, and bureaucratic obstruction, ensuring that both the public and public institutions understand their rights and responsibilities,” Aigbokhan said.
FOI Counsel and RUDILAC pledged technical support to the Edo judiciary in drafting a model practice direction consistent with FOIA and tailored to the state’s needs.
If issued, the directive would position Edo State’s judiciary once again at the forefront of open government reforms, deepening accountability and transparency in Nigeria’s democratic space.