Executive Director of FOI Counsel, President Aigbokhan, Esq. has been named as the first runner-up for the 2024 Gani Fawehinmi Outstanding Impact Award. The award was announced and presented to Mr. Aigbokhan at a ceremony held on December 10, 2024.
Below is acceptance speech presented by the award recipient:
The path to this stage is not charted by me but by everyone who believes that the right to information is a self-standing human right though not absolute. I began this journey immediately after the Freedom of Information Act was passed in 2011. I saw the law as a propeller for citizens’ public participation. I started my engagement by way of research. In 2012, I did a piece of an article titled “Freedom of Information Act: Incentive for Secrecy” published in Nigeria National Human Rights Commission Journal, 2013. This research further boosted my confidence and opened my eyes to the need for more supportive development of the law.
Interestingly, before I commenced the research, I saw the law as a media law but after my research, it became clear to me that the law is strictly a law for citizens’ public participation. Unfortunately, the law and participation cannot fuse unless there is someone who deliberately designs a fusion. This is what motivated the creation of FOI Counsel. As the name implies, we assist venerable women, journalists, small NGOs, network and coalitions in accessing unclassified public records or information. In 2014, we had our first test case to validate our cause and to determine whether we were ready for the journey. We seized the opportunity in the case of Austin Osakue v EDOSACA & Others. Permit me to speak to this case
On the 6th day of January 2014, the applicants namely Com. Austin Osakue, Dr. Esther Aira, Com. Omobude Agho and 5 NGOs wrote an FOI request to the Program Manager of the Edo State Agency for the Control of AIDS (EDOSACA) requesting information on the criteria used to place an individual organization in the selection list for grants and the program and financial report of the agency forwarded to the donors. The request was not responded to and a suit commenced, judgment was delivered by the High Court of Edo State and all the reliefs were granted. On appeal, the appellant challenged the applicability of the federal law to the sub-national systems. The majority judgment of the Court of Appeal agreed with the State agency. Uninterestingly, various state governments have relied on this judgment to decline requests for information. On the other hand, critics of the decision argue that in areas of national concern of public health, fundamental right—the jurisdiction of National Assembly should have been upheld because Nigeria’s federal system does not allow states to shield themselves from federal legislation in ways that could undermine national priorities such as the fight against corruption, transparency, and good governance. For clearer judicial guidance on the limits of state interposition and the importance of protecting fundamental rights like access to information, the Supreme Court has set 21st January 2025 for the hearing of the appeal
Back to the development stage of our work, in the early stages of our work, we realized that building a strong brand was crucial. We needed something unique to amplify the voice of those we serve. We chose a mouse- a small rodent that stands for something that can access any records. Agree with me that a mouse is an unstoppable rodent that accesses any material and this suits our purpose well. The funny part of our mouse is that he does not eat and so cannot be poisoned.
My journey in strategic human rights litigation began in 2013 with the enforcement of inmates’ suffrage and now we have settled on the right to information. Today, we have represented over 130 NGOs and individuals in court between 2014-2024. In 2022, we led over 60 NGOs and activists to endorse the Benin City Declaration which aimed to promote transparency and accountability at the sub-national systems. The firm strengthened the capacities of 1632 persons including judges, 17 organizations and 12 communities on access to public records and other rights-based entitlements. Our practice book on the Freedom of Information Act, Practice and Law published in 2019 has sold over 500 copies.
Our pro bono service is centred on the right to access unrestricted public records from the government. It is organized in a very simple and participatory process- any rights holder or group of rights holders who feel that their right to information has been violated use the FOI Advisor https://foicounsel.com/submit-foi-request/ or call my dedicated phone lines or send me a Whatsapp message or a guided email. Some users want assistance in the writing of the request letter while others want litigation intervention. I document the request, download the document uploaded (if any), draft and forward the request letter (where applicable), conduct exemption analysis of the information sought and thereafter organize virtual or physical feedback meetings on the merit and demerit of their cases.
My most recent case involves challenging the Press Council Act of 1966. The ECOWAS Court struck out several sections of this law and mandated the amendment of the same. This landmark case, Isaac Olamikan Judgment No: ECW/CCJ/JUD/43/23 professionally integrated non-traditional journalists in Africa into mainstream journalism standards and protection. The court held further that the requirement that a person who wishes to engage in a journalistic activity must meet compulsory membership or have a university degree for the practice of journalism constitutes unlawful restrictions of freedom of expression. See http://www.courtecowas.org/download/isaac-olamikan-anor-v-federal-republic-of-nigeria/.
I am deeply honored to have been nominated and shortlisted for the 7th Edition of this award. The Gani Fawehinmi Award represents a celebration of values that are pivotal to the growth of a just and equitable society such as integrity, resilience, and principally the relentless pursuit of impactful change. As someone who has drawn immense inspiration from the life and legacy of Chief Gani Fawehinmi, SAN, this recognition holds profound significance to me. Chief Fawehinmi’s unyielding commitment to justice, human rights and the fight for equality has long been a beacon of hope and motivation for countless advocates, myself included.
Change starts with us and together there is no challenge too great, no dream too distinct. I invite each of you here today to ask yourselves; what can I do to make a difference? We must innovate to push back the state. One better way of doing this is to collaborate in terms of awards or joint projects and this award by HEDA is a confirmation of an unconventional supportive partnership.
Being recognized by the Human and Environmental Development Agenda (HEDA Resource Centre), an organization renowned for its unwavering dedication to social justice and accountability, is a testament to the successful work we do. I have received several awards; this one is special and significant. To me, it is an enlistment in the hall of fame for human rights enforcement.
Aside the award, it is my privilege to participate in a conversation that fosters critical discourse and inspires solutions. Please allow me to express my profound appreciation to the esteemed HEDA Resourc team and Board of the Gani Fawehinmi Awards, chaired by Prof. Ayo Atsenua and co-chaired by Mr. Femi Falana, SAN. I also extend my gratitude to other distinguished members of the board, including Prof. Itse Sagay, Prof. Uzoguruwa Udombana, Mr. Olanrewaju Suraju, Dr. Abiola Akiode-Afolabi, Comrade Chuka Achude, and Comrade Femi Aborisade, for their tireless efforts in ensuring the continuity and success of this prestigious award. It is a credit to the sense of foresight of the founders and the resilience and virtue tied to the faith of the current leadership.
This recognition is not just for me but for the countless individuals, colleagues, and communities who have walked this path of advocacy and transformation alongside me. This award belongs to the hands and hearts that joined me in this effort. I must mention my colleagues Robinson Otuakhena, Esq, Prince Solomon Oritsegbemi, Esq, Ms. Osazogie Osazuwa, Esq, Ms. Joy Ihimekpen, Esq, Ms. Rosemary Nwagwugwu, Esq who in one case or the other represented our information seekers in court. I also at this stage thank my esteemed wife Happiness and kids who have happily loaned me out to this intervention. I also owe gratitude to my brothers and sisters who have encouraged me with words of advice, books and financial support. To my esteemed Edo Civil Society Organization (EDOCSO) led by Comrade Agho Omobude, your unwavering support through numerous litigation requests has been truly overwhelming. I deeply appreciate your trust and dedication. I extend my heartfelt gratitude to Mr. Ojo Edetaen for his unbending mentorship. To the numerous judges who have presided over our cases. Their decisions—whether in our favor or otherwise—have consistently upheld the principles of justice and fairness. Your dedication to ensuring the rule of law deserves recognition and appreciation. To my boss Comrade Austin Osakue, who donated his personal experience as our first text case, I thank you. I thank the members of the Nigeria Bar Association, Benin Branch for their prayers and well-wishes and others too numerous to mention.
Once again, I thank HEDA Resource Centre for believing in FOI Counsel, for believing in me and most importantly for still having faith in Nigeria. I assure you of my continued commitment to upholding the principles of integrity, innovative and impactful advocacy that this award embodies. Thank you!