FOI Counsel expresses deep concern over the recent directive from the Head of Civil Service of the Federation, conveyed through Circular Ref No: HCSF/SPSO/ODD/RR/64886 dated 17th April 2025, relocating Freedom of Information (FOI) responsibilities from the Planning, Research and Statistics (PRS) Departments to the Legal Units of Ministries, Departments, and Agencies (MDAs).
While the PRS departments were often criticized for merely “filling” requests rather than facilitating meaningful access, the transfer to Legal Units poses a more profound threat to the spirit and purpose of the Freedom of Information Act (2011). This relocation risks transforming the FOI process from a citizen-friendly administrative function into a legalistic, adversarial engagement that could deter rather than promote public access to information
FOI Counsel warns that this development:
- Risks increasing denial and delay of requests under the guise of legal scrutiny;
- Encourages a defensive posture by MDAs, treating requests as pre-litigation threats rather than routine disclosures;
- Shifts the citizen-government relationship from collaboration to confrontation;
- Could lead to increased litigation, burdening both requesters and the judicial system;
- Undermines the fundamental goals of the FOI Act: open governance, citizen empowerment, and administrative efficiency.
“Moving FOI functions to Legal Units effectively pushes information seekers into the ring of litigation,” FOI Counsel said in a statement. “Access to government-held records—once an administrative process—now appears locked behind legal vetting, and often, only court orders may suffice to access what should ordinarily be public information.”
FOI Counsel further emphasized that litigation should be the last resort, not the default gateway to transparency. “By embedding FOI requests within Legal Units, the circular turns an access regime into a legal battleground. It redirects what should be a simple administrative process into a rights enforcement mechanism, undermining the purpose for which the FOI Act was passed in 2011.”
Nigeria, which became the sixth African country to enact a Freedom of Information law on May 28, 2011, made a promise to its citizens—to promote transparency, accountability, and inclusive governance. That promise is now in jeopardy.
FOI Counsel calls for:
- An immediate review and reversal of the circular;
- Stakeholder consultation to preserve the non-adversarial nature of FOI implementation;
- Capacity-building within MDAs to enhance administrative processing of FOI requests;
- Institutional safeguards that maintain the neutrality and responsiveness of FOI units.
Relocation of FOI from PRS to Legal Unit means that access to public records in office drawers is now only accessible through drawn court orders. Litigation ought to be the pill and not the snacks. By moving the FOI desk from PRS into the Legal Units, request becomes formalized as a potential legal case from the outset. The circular does not only relocate but redirects a disclosure regime through the throat of court instead of administrative desks. MDAs want to be set for exemption analysis and not search and disclosure. We have to also be prepared for this development.