By Bunmi Yekini
Abuja, Nigeria – The Supreme Court of Nigeria has ruled that the Freedom of Information Act (FOIA) 2011 applies to all tiers of government—federal, state, and local—firmly overturning a previous Court of Appeal decision that limited the Act’s reach.
The apex court’s unanimous decision reinforces the power of citizens and civil society to demand accountability from state institutions, shattering long-standing claims by some state governments that FOIA only applies to federal agencies.
The judgment stems from a case filed on January 6, 2014, by a coalition of civil society groups seeking financial and administrative records from the Edo State Agency for the Control of AIDS (EDOSACA) regarding the HIV/AIDS Program Development Project (HPDP II) between 2011 and 2014.
Reacting to the ruling, lead counsel for the appellants, President Aigbokhan, Esq., described the judgment as “a victory for democracy.”
“This decision is a major leap for the global campaign for probity, accountability, and transparency, with far-reaching impact on public citizens at the sub-national level,” Aigbokhan said. “Our laws must work for all. Once again, the Supreme Court has demonstrated its crucial role as a veritable arbiter of democratic ideals.”
He further noted that the decision resolved not just a legal inconsistency, but a legislative gap that had long hindered access to information in many Nigerian states.
“This is not just a legal victory—it is a victory for democracy,” he emphasized. “We dedicate this to the activists and NGOs in Edo State who remained steadfast in the face of institutional resistance.”
Legal analysts say the ruling sets a binding precedent, compelling state governments to honor information requests under the FOIA regardless of whether state-level versions of the law exist.
The Supreme Court upheld the National Assembly’s constitutional authority to legislate on matters concerning public records and archives, confirming that FOIA’s transparency objectives are national in scope.
The judgment has been welcomed by media practitioners, anti-corruption advocates, and transparency-focused NGOs who say it will embolden citizens, journalists, and watchdog groups to demand openness at all levels of governance.
With this pronouncement, analysts say state agencies can no longer hide behind the excuse of legislative misalignment to avoid public scrutiny.
“It’s a new dawn for accountability in Nigeria,” said one civil society observer. “The era of opaque state governance may finally be coming to an end.”
The ruling is expected to trigger a wave of FOIA requests across Nigerian states as citizens and civil society seize the momentum to hold their governments to account.