Tag: FOI

  • Transparency: 175 MDAs ignored FOI request, says report

    Transparency: 175 MDAs ignored FOI request, says report

    About 175 Ministries, Departments and Agencies of the Federal Government didn’t actively respond to requests made through the Freedom of Information Act, a new report on FOI ranking has shown.

    The 2023 FOI transparency ranking was conducted by the Public and Private Development Centre in collaboration with Accountability Lab Nigeria; BudgIT Foundation; International Centre for Investigative Reporting (ICIR); Basic Rights Watch, Right to Know and Media Rights Agenda and unveiled on Tuesday in Abuja.

    The FOIA, signed in 2011 by former President Goodluck Jonathan, gives Nigerians the right to access information on government activities in the custody of any public institution or where public funding was utilised.

    Section One, subsection (1) of the FOIA states that “Notwithstanding anything contained in any other Act, law or regulation, the right of any person to access or request information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution howsoever described, is established.”

    In several subsections, the act highlights the process by which information should be requested, noting that public institutions must ensure that the information requested is provided.

    Read Also: NSCDC foils 30 attempts kidnap on school children

    There are, however, exemptions for security agencies and provisions for delays in responses.

    In the new report, an analysis of 238 public institutions ranked by their responsiveness, disclosure and proactive disclosure level revealed that the National Population Commission, Ministry of Industry, Trade and Investment, Nigerian Correctional Services, Ministry of Interior, Ministry of Education, Ministry of Foreign Affairs and 136 other agencies did not attempt a response to FOI requests.

    The research also disclosed that 136 MDAs scored below 15 points while the Infrastructure Concession Regulatory Commission, Nigerian Investment Promotion Commission and National Orientation Agency emerged as the most compliant public institutions with 70.3 points, 64.6 points, and 63 points respectively.

    According to the FOI ranking, the responsiveness of ministries reduced to 47 per cent from 70.4 per cent recorded in 2022 adding that only two institutions had full proactive disclosure of public information in 2023.

  • Delta Assembly passes FoI bill

    The Delta State House of Assembly has passed the State Freedom of Information Bill.

    The Bill is for a law to make public records and information freely available, provide for public access to public records and information.

    It is also meant to protect public records and information to the extent that is consistent with 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 achievement of these purposes and related matters.

    The Bill’s passage followed the consideration of the report of the Joint House Committee of the whole on the bill titled Delta State Freedom of Information Bill following a motion moved by majority leader Tim Owhefere and seconded by Rueben Izeze.

    Delta Speaker, Sheriff Oborevwori, said that members resolved at the committee of the whole the house should suspend the rules and pass the bill.

    Majority Leader Tim Owhefere thereafter moved separate motions for the house to suspend orders 77, 78 and 79 and take the third reading to enable the house pass the bill.

    The motions were seconded by Samuel Marierie and Kennedy Daubry and adopted through voice vote.

  • FOI: Delta commissioner convicted for withholding information

    FOI: Delta commissioner convicted for withholding information

    The Delta State Commissioner for Lands and Survey, Mr Daniel Okenyi and other top officials of the state government have been convicted for withholding information under the Freedom of Information Act.

    They were convicted by a Kwale High Court of Justice for failure to release relevant land documents to community leaders from Umu-Okpala Omai family of Umusam community in Kwale.

    The community leaders, relying on the FOI act, had written to the ministry and other relevant officials to demand records of land acquired by an oil firm, Midwestern Oil and Gas PLC at Umusadege marginal oil field in OML 56.

    The commissioner, Mr Daniel Okenyi, along with his ministry, Permanent Secretary in the ministry and others were ordered by the presiding judge, Honourable Justice O Jalogho-Williams, to pay N2.5million.

    They were also ordered to henceforth provide relevant land records and information to the community leaders in line with the FOI act.

    In the judgement dated November 01, 2016 a copy of which was obtained by The Nation, Justice Jalogho-Williams agreed with the complainants, represented by Osteen Igbapike Esq., that as a public officer, the commissioner and the ministry acted against the FOI.

    He stressed that they were obliged to release the relevant documents to the community leaders and awarded N200, 000 as cost of the suit against the commissioner.

    Okenyi, who was second respondent in the case and four others, were therefore convicted of “willful denial of requested record/documents/information in the custody of the Ministry of Lands and Survey.”

    Legal sources told our reporter that the very high-ranking Delta government might be the biggest public officeholder to be caught in the FOI net since the law was enacted.

    The Nation gathered that the conviction followed a legal action instituted against the MLSUD by Pa Moses Okpala, Benedict Okweye, Sunday Ndubuishi, Nwaizemeka Fredrick and Okweye Sunday against the commissioner and the ministry for failure to release documents relating to the acquisition of a parcel of land for oil exploration activities by the oil firm.

    It was learnt that they applied to the ministry to provide vital documents as to the acquisition of the land eight years.

    Reacting to the judgement, Igbapike told our reporter, “The ministry has powers to the documents and they have access to it,” adding that more Nigerians should hold government officials accountant for failure to perform their duties.

    He said that the FOI act provides that once your request is not answered, it is assumed that it has been denied and commended the judge for doing the right thing.

    Meanwhile, attempts to get reaction of the commissioner and his ministry to the judgment were futile, although it was gathered that Okenyi and the other respondents failed to appear in court, respond or send representatives.

  • FoI: Court to hear suit on Oil minister

    FoI: Court to hear suit on Oil minister

    Federal High Court in Abuja is to hear an application compelling the Minister of Petroleum Resources, Diezani Alison-Madueke, to provide information on the multi-million dollars “sale of crude oil, the crude oil swap variant and certification of subsidy for the importation of kerosene and PMS (petrol)”, engaged in by the Nigerian National Petroleum Corporation (NNPC) since 2012.

      Justice Gabriel Kolawole yesterday held that he was convinced that the application by a member of the All Progressives Congress (APC), Osita Okechukwu, for leave to apply for judicial review by way of a writ of mandamus compelling the minister to provide the information, was in accordance with the spirit of the Freedom of Information (FoI) Act.

    The judge directed Okechukwu to file and serve on the minister, the required motion on notice.

    He fixed October 9 for hearing, noting that the philosophy behind the enactment of the FoI Act and related laws by the Federal Government was to curb corruption and related practices among public officers and in public institutions.

    Okechukwu said his recourse to the court was informed by the minister’s refusal to provide him with information “concerning the disclosure of transactions involving the sale of crude oil, the crude oil swap variant and certification of subsidy for the importation of kerosene and PMS (petrol) from January 2012 to date. “

    The applicant, in the motion on notice, asked the court to grant a mandatory order of injunction directing the minister to, within seven days, provide him with the information.

    He also asked for a declaration that the minister’s refusal to provide him with the information violated sections 4(a) and 7(1) of the FoI Act and a declaration that by the true interpretation of Section 4(a) of the FoI Act, the minister is, within the meaning of sections 2(7) and 31 of the FoI Act, obligated to provide the information sought by the application in his two applications.

  • FOI App for Android devices launched

    Media Rights Agenda (MRA) has launched an Application to enable users of android powered mobile devices to download the Freedom of Information Act 2011 to their handsets, tablets and other devices.

    Announcing the release of the new app in Lagos on Tuesday,  MRA’s Executive Director, Mr. Edetaen Ojo, said the latest FOI App for android devices complements two similar apps launched on November 15, 2011 for downloading the FOI Act to java-enabled mobile devices and Blackberry phones.

    The app was developed by Eko-Konnect for MRA with support from the Ford Foundation.  Eko-Konnect is the Lagos cluster of the Nigerian Research and Education Network (ngREN), which aims to support network connectivity and collaboration between education and research organizations.

    According to Ojo the development of the applications is part of an ongoing effort by MRA to create awareness about the FOI Act and to make the text of the Law available to Nigerians across all social strata and ensure that it is fully utilized.

    “With about 175 million connected mobile telephone lines in Nigeria at the moment, we are convinced that the mobile phone is a veritable platform for making this powerful piece of legislation available to most Nigerians at no cost.  This latest app is motivated by the upsurge in the use of android devices in Nigeria since we launched the earlier apps nearly three years ago,” Ojo said.

    The android version of the FOI app, java-enabled and Blackberry phones versions are available for download from MRA’s website at: http://mediarightsagenda.net/web/foi-app/.

    Any of the three versions according to a statement by MRA Programme Manager, Ayo Longe  can be downloaded directly into the appropriate device and is automatically installed and ready for use.   Alternatively, they can be downloaded into a laptop or desktop computer, transferred to the handset or tablet and then installed.

    The FOI android apps comes with a voice call option, the capability to send short message service (SMS) and even email from an android device in which it is installed.

    These options are to make it easy for users to contact MRA for assistance on the FOI Act while the app also contains a link to MRA’s website for access to relevant materials on the Act.

  • Waiting for remodelled airports

    Waiting for remodelled airports

    Last year, Aviation Minister, Princess Stella Oduah launched the airports’ remodelling project designed to upgrade all airports in the country. But after the pomp and celebration that greeted the launch, the questions are: When will the project be completed? What is the cost? KELVIN OSA-OKUNBOR writes.

    The euphoria that greeted the airport remodelling project of the Minister of Aviation, Princess Stella Oduah, is gradualling giving way to skepticism. This is because not much has been seen or heard about the projects contrary to the high expectations raised when it was launched amid pomp and celebration.

    At the inception, she stressed the need to give the nation’s airports a face-lift being the first point of contact with the country by foreign visitors.

    Some of the questions raised by stakeholders are: Will the Federal Government complete the remodelling of the 22 airports on schedule? Have the projects met the prescribed international standards? and, is the quality of work done at some of the terminals commensurate with the amount spent?

    These and other questions continue to agitate stakeholders who are watching the progress of the ambitious airport remodelling project embarked upon by the Federal Government.

    While opinions remain divided over the necessity, or otherwise of the project, some stakeholders argue that remodelling the 22 airports is good for the industry.

    Their position is predicated on the many years of neglect, decay and abandonment of the airport infrastructure spanning over 30 years.

    But the concern remains that contract details of the airports remodelling project are shrouded in secrecy. They argue that the refusal by the supervising Ministry to come clean with the total project cost is suspicious.

    The former Assistant Scribe of Airline Operators of Nigeria (AON), Alhaji Mohammed Tukur, said all the noise about remodelling airports across the country is a ruse, saying that given the level of work done so far, it is difficult to ascertain that the best has been given in terms of quality.

    “The renovation of airports is naturally a good initiative, but the work is not properly done. The poor quality of work done is the reason the whole thing is becoming an issue. The contractors must be called to order. The Senate must take steps to probe the airport projects across the country.

    “Their oversight function should include checking the projects done and the amount of money given to ascertain if the projects are commensurate with the billions of naira released so far. The Senate must also investigate how much money was collected for a particular airport and the level of work done, because so much has been given for the projects and yet one of the remodelled airports is already leaking after rains.”

    President, Aviation Round Table (ART) Capt. Dele Ore, dismised the noise about remodelling as a charade.

    Ore said:”For two years, I will summarise that we have only had confusion. But in the middle of the confusion, some people are clapping and praising the minister.

    “Painting of airport does not bring development to it when you don’t have passengers who are flying or aircraft to fly into them.”

    Also, a Civil Society Network Against Corruption (CSNAC), a coalition of anti- corruption organisations, has filed a Freedom of Information (FOI) request with the Minister of Aviation, Stella Oduah, asking her to supply information about the cost of the reconstruction of 22 airports in the country.

    The group said: “We are convinced that enormous amount of money must have been spent on the completed remodeling and ongoing reconstruction.”

    Head of Strategy at Zenith Travels, Mr Olumide Ohunayo, said there is more to fixing the industry than the official window-dressing in the garb of mere remodelling.

    He said: “I quite agree that there is rot in the terminals being transformed, there are others waiting. But, what is really the cost of fixing these airports and who are the contractors?”

    Another aviation stakeholder, Mr. Nick Fadugba, declared that the minister has performed well in infrastructure, refurbishment and modernisation of some airport terminals.

    He said: “You know, this is difficult, there are so many challenges that need to be addressed and I think what she has done is to prioritise them and address those that needed urgent attention. For instance, even if we have good airlines in Nigeria and there is no good airport infrastructure, the airlines will have nowhere to fly into and so, we won’t be able to utilise the aircraft efficiently.”

    A former president of Air Transport Services Senior Staff Association of Nigeria (ATSSSAN), Comrade Solomon Ohioma, has, however, raised concerns over the cost of airport remodelling.

    He said: “The amount of money which has been expended in these projects is what is of major concern to industry players.

    “After the ministry has completed the remodelling of these airports with the huge costs spent on it, it is strange that the same Ministry of Aviation is sending a proposal to the Federal Government that these airports, which have been remodelled, are to be reconstructed.

    “The question is: Why is the government in a hurry after the remodelling to consider rebuilding additional airport terminals?”

    Former Commandant of the Murtala Muhammed International Airport, Lagos and Chief Executive Officer Centurion Securities, Group Captain John Ojikutu (retd), admitted there were improvements in the revamping of airport infrastructure, but said he was concerned more about the human capital development in the sector.

    He argued that no matter how modern the technology or the quality of new infrastructure, the facilities cannot work on their own, but would remain pieces of equipment “except they are operated by skilled and professionally inclined human beings.”

    The project started last year in some airports nationwide.

    Airports in Lagos, Abuja, Yola, Enugu, Benin, Owerri, Kano , Kaduna , Jos , Sokoto, Ilorin, Port Harcourt, Makurdi, Akure, Ibadan and Maiduguri have been remodelled while brand new terminals have been completed and inaugurated in Lagos, Abuja, Yola, Enugu, Owerri, Kano, terminals in Sokoto, Jos, Ibadan, Ilorin, Kaduna, Akure have reached advanced stages.

    Oduah said the first and second phases of the remodelling would be completed and inaugurated before the second quarter of the year.

    She said so far, the remodelling had brought about the delivery of new terminals at the local wing of the Murtala Muhammed Airport, Lagos.

    The new terminal cost the government about N648 million. She explained that the moderate cost for remodelling the new domestic terminal of the Lagos Airport was achieved due to prudent management of funds.

    Apart from the new terminal at the Lagos Airport, a new wing has been completed at the same airport, which will be opened soon for domestic airlines that will operate from the terminal.

    Under the remodelling train, additional departure and arrival fingers have been completed and opened at the international wing of the Lagos Airport.

    However, the minister did not give details on the cost of completing that segment of the remodelling.

    At the Nnamdi Azikiwe Airport, Abuja, a new general aviation terminal has been constructed and opened for private and charter operators.

    Oduah said all ongoing airports remodelling would be completed this year.

    She said: “What we are doing goes beyond remodelling of the airports. We are actually doing restructuring and reconstructing of the airports. We are just starting to go round the airport. We are doubling the sizes of those terminals and changing all the facilities and utilities within the airport.

    “So, you can’t call that remodelling. It is restructuring and reconstructing. That is what we are doing to ensure that passengers have safe model of transportation and we want to ensure that passengers have value for their money. Most importantly, we want every Nigerian and stakeholders to be proud of our airport environments. It’s a total transformation of the aviation sector.”

    Last year, the House of Representatives Committee Chairman on Anti-Corruption, National Ethics and Values, Hon. Abiodun Adeleke, alleged a breach in contract award processes by the minister in the airport remodelling project.

    Reacting to the House Committee’s remarks, a former director with the Federal Airports Authority of Nigeria (FAAN), Captain Usman Balarabe, said it was shocking for any Nigerian who has utilised the airport in the past 30 years and had noticed the rot in infrastructure to voice any protest, given the magnitude of the rehabilitation that has so far been undertaken in just over two years.

    The Association of Young Aviators also expressed support for the project. “All that Nigerians want is functional airport with modern facilities and not to biker over due process as it has not yet proven that funds budgeted for the remodelling projects were diverted,” the group said in a statement.

    Oduah assured that the airport terminal in Lagos would be opened before the end of the first quarter of the year.

    She said: “We want to be able to start the usage of all these facilities by the first quarter of next year. What is very key is that passengers’ travelling experiences will be very, very different. It will be the way it should be; it means you have the comfort, you have the safety and you have the security and most importantly as you’ve seen, we’ve increased the capacity which means you have ample space to really do what you are supposed to do, as a passenger.”

    She reiterated that the remodelling would include all the Federal Government’s airports in the country, adding that infrastructural decay would be a thing of the past when the programme is completed. She said the government is embarking on expansion of airport facilities to promote safety and security as well as improve the travel experience of passengers. She listed the airports where the projects have been completed and are awaiting unveiling to include Sokoto, Yola, Owerri, and others.

    She also explained that the expanded facility at the upper part of the airport terminal include airport lounges, transit hotels because of the government’s plan to reposition the Lagos Airport as a regional hub.

    According to the minister, “So far, seven terminals have been completely remodelled and work is in top gear in the remaining 15 terminals.”

    Last month, she toured the Lagos Airport for an on-the-spot assessment.

    Some of the facilities she inspected included the extended Departure and Arrival Halls, new in-bound baggage reclaim carousels, on-going construction work on Fingers as well as transit facilities.

    The extended Departure Halls featured five new state-of-the-art screening machines and two new Body Scanners at each of the wings in addition to 30 new immigration counters. A distinguishing feature of the new screening machines is the ability to detect explosive materials and potential threat items in real time with the lowest rate of false alarm.

    The introduction of 30 new immigration counters as against the previous nine also promises to take the face of facilitation in MMA to another level. Also inspected were the newly installed in-bound baggage to reclaim carousels at each of the Arrival Halls.The high-speed carousels are smoother, easier to maintain and more resistant to luggage jams than their decades-old predecessors.

    This should translate into accelerated baggage retrieval, reduced waiting-time and improved travel experience.

    The highlight of the minister’s visit was the inspection of the on-going construction of two new additional Fingers, as well as the new Transit Facilities. On top of the existing fingers were added another floor where departing passengers would pass through to the bridges in order not to mix with arriving passengers, a cardinal factor in the safety regulation of the International Civil Aviation Organisation (ICAO).

    The Managing Director of FAAN, Mr George Uriesi, has described the development of airport infrastructure as not just an economic necessity but essential to the economy.

    He said: “Achieving these goals will not only help our domestic airlines, but also foreign carriers to develop the confidence required to enhance our image and economic interests.

    “FAAN is about half way through a programme to remodel the country’s 22 federal airports, by 2015, by which time total domestic and international passenger numbers are expected to have grown to 16 million per year compared to 14.3 million in 2012.

    “Remodelling projects at Nigeria’s main airports has been largely completed at the first 11 airports, including Benin City Airport, Kano International Airport, Lagos Murtala Muhammed International Airport, Owerri Airport and Yola Airport.

    Former Minister of Aviation, Babatunde Omotoba, has urged the Federal Government not to succumb to political pressure that would end the ongoing remodelling of airport facilities and the building of new terminals in four major airports in the country.

    He said it took a long time before the government started the rehabilitation of these airports, which had been neglected for over 30 years, expressing the fear that if the programme is stopped due to political pressures, the projects might be abandoned for a long time.

    The ex-minister, who noted that the Lagos airport is too old, said for its facilities to be effectively maintained, they have to be concessioned, so that the FAAN would regulate them and the government would now divert the funds budgeted for aviation to other critical sectors.

    Chief Executive Officer, Westlink Airlines, Captain Ibrahim Mshelia, described the airports upgrade as part of the strategy by the government to reposition the sector as a huge revenue spinner.

    He said this could not have come at a better time, after many years of abandonment.

    He said the pace at which the airports were being fixed was enough testimony of the commitment of the government to position the sector for national development, using air transportation as a catalyst.

     

  • Uduaghan to journalists: promote national cohesion

    Uduaghan to journalists: promote national cohesion

    Delta State Governor Dr. Emmanuel Uduaghan has urged journalists to promote national cohesion and stability.

    He spoke yesterday in Asaba at the opening of the Nigeria Union of Journalists (NUJ), Delta State Council Press Week.

    Represented by Deputy Governor Prof. Amos Utuama, the governor advised journalists to be wary of doing anything that could destabilise the country.

    “I implore every journalist to consider national cohesion, stability and well-being in deciding what to write or air to the public. Let us not, by words or actions, do anything that will destabilise our country by guarding against the antics of rumour mongers, fifth columnists, publicity-seeking individuals and others, who do not wish the nation well,” he said.

    According to Uduaghan, the Freedom of Information (FoI) Act should be judiciously used.

    He said: “It has to be used for the edification of our society and the sustainable development of our country. The era of publishing to be damned is over. It served its purpose during the fight for freedom under colonial rule. Now, both sides have to serve the interest of the public.”

    The governor hailed the journalists working in the state, saying they had helped to “give vent to our policies, programmes and activities.

    ‘’I appreciate your understanding, patience and, sometimes, bashing. The mixed grill is what it is supposed to be.”

    The Chairman, NUJ Delta State Council, Comrade Norbert Chiazor, hailed Governor Uduaghan for being media-friendly.

  • FOI: NCAA won’t reveal purchase records of armoured cars

    FOI: NCAA won’t reveal purchase records of armoured cars

    NIGERIA Civil Aviation Authority (NCAA) has said it cannot release the procurement records for the purchase of the two controversial bulletproof cars to two non-governmental organisations (NGOs) seeking access to them.

    The two armoured cars were bought for Aviation Minister, Ms Stella Oduah.

    The NCAA said revealing the records to the NGOs would undermine the ongoing administrative and criminal probe into the matter.

    The agency took the position when it responded to a joint request for the documents by Media Rights Agenda (MRA) and the Public and Private Development Centre (PPDC) under the Freedom of Information (FOI) Act, 2011.

    MRA and PPDC wrote to NCAA’s Director-General, Mr. Folayele Akinkuotu, on October 21, asking for detailed information on the procurement records for the two BMW 760 LiHSS vehicles.

    The groups asked for copies of the procurement and contract records for the purchase of the cars, including: evidence of budgetary allocation for the procurement process; the procurement plan for the purchase; evidence of advertisements of the planned purchase in various newspapers, the NCAA website, the Procurement Journal, international publications, among others, inviting prospective bidders to submit bids for the procurement; and a list of all bids tendered for the procurement from when it was advertised till the close of the bid; among other documents.

    But in a four-page reply dated November 11 and signed on behalf of the Director-General by NCAA’s Legal Adviser, Mr. E.D. Chukwuma, the agency said: “Some of the information you have requested for exist.”

    The NCAA said it was withholding the information on the grounds that the exemptions in sections 12 and 26 of the FOI Act were applicable to the request.