Effective Implementation of the Freedom of Information Act (NG0036)

Brief Description of Commitment: This commitment seeks to ensure effective implementation of the Freedom of Information Act regarding record management, mandatory publication, reporting obligation and responsiveness to FOI request by Public Institutions.

General Problem / Challenge Addressed by the Commitment: There is a dearth of information available to the public occasioned by poor records management systems and practices in public institutions; inadequate budget/funding to address these challenges, absence of training and retraining of staff on these and other issues, unwillingness on the part of some public institutions to facilitate public access to public records as well as failure to perform proactive disclosure obligations by public institutions. This has led to ineffective implementation of the FOI Act by Public Institutions in Nigeria.

Specific OGP Issue(s) in Focus: 1. Public participation in governance 2. Opacity of information on government affairs and activities 3. Corruption

Rationale for the Commitment: There is currently low compliance with this provision of the FOI Act by public institutions, thus, disempowering the public and affecting public trust in government.

Main Objective: To ensure that information held by public institutions are created, stored and maintained in a manner that guarantees availability and accessibility to the public to empower the people to make informed decisions. This will also ensure the public have and are able to enjoy the right of access to information towards contributing to policy formulation or review of extant policies.

Anticipated Impact: Effective implementation of the FOI Act, efficient record management, mandatory publication, compliance to Annual Reporting obligations by public institutions and prompt responses to FOI requests by Public Institutions

Expected Outcomes | Milestones (Performance Indicators)

1. Improvement in the FOIA implementation process by Public Institutions and increase in the number of public institutions that have structures for the implementation of the FOI Act by 2024 | 1. At least 300 public institutions will develop structures for the implementation of government policies on records management by 2024 2. Increased level of responses to FOI requests released to citizens 3. Existence of accessible, physical, and digital database of activities and records of public institutions 4. Increase in the number of public institutions that submit their FOI annual reports to the AGF to at least 300

2. Increased efficiency in handling and processing of requests by public institutions | Percentage change in the frequency of ignored FOI requests, timelines of response and hours spent in retrieving and responding to requests by public institutions.

3. Commitment of Accounting officers and CEOs to effective implementation of records management vis-a-vis provision of information to the public. | 1. At least 300 public institutions make provisions for record management and implementation of FOIA 2. Increased Number of workshops and trainings organized for public institutions on record management, especially in central agencies (SGF, HOS, FCSC, BPE, BPP, NNPC, etc.) 3. Increased Number of advocacy visits to the CEOs of Public Institutions from the AGF & Nonstate actors

Planned Activities (Start Date - End Date Expected Output(s) Output Indicator(s))

1. Conduct Capacity building of staff of public institutions on records management, mandatory publication, reporting obligations to the Attorney General's Office, responses to FOI requests. (January 2023 - December 2024 | Improved compliance with the FOI Act by public institutions | 1. Number of trainings on records management, mandatory publications, reporting obligations held for staff of public institutions 2. Number of public institutions with improved and functional Registries 3. Number of interactive sessions for Heads of Registries and Records Management Officers held 4. Number of peer reviews held for MDAs on records management)

2. Review and update records in accordance with the E-policy on electronic data management systems (EDMS) approved by the Federal Executive Council. (January 2023 - December 2024 | A revised version of the Federal Public Service Rules for records management policies of public institutions produced. | 1. Number of reviews carried out on electronic data management systems (EDMS) 2. Number of updates carried out on set of records management policies for public institutions 3. FEC approval of EDMS under epolicy 4. Number of EDMS established in public institutions)

3. Strengthening advocacy for budgetary provision for FOI implementation. (January 2023 - December 2024 | Budgetary provisions for MDA FOI units are adequate and timely. | 1. Number of MDAs with a budget line for FOI unit activities.)

4. Application of administrative measures in line with the Public Service Rules against public institutions / officials adjudged to be undermining the effective implementation of the Act. (January 2023 - December 2024 | Curbing non-compliance in the application of the FOIA provisions by public institutions and ensuring measures for defaulting Public Institutions | 1. Number of Circulars sent from the OHCSF to MDAs on the FOIA implementation 2. Number of Advocacy visits held to National Assembly and MDAs on the FOIA 3. Number of public institutions adhering to the effective implementation of the FOIA 4. Percentage of FOIA infractions addressed by public institutions)

Source(s) of Funding: Federal Government Budget and Donor Agencies

Action Plan Review

Commitment 6. Effective implementation of the Freedom of Information Act