Running 21st century governments by the “old rules” is reinforcing information asymmetry, inefficiency, inequality and ultimately poverty. In 2016, the eight richest people in the world had as much money as the bottom 50 per cent of humanity – that’s three-and-a-half billion people. And of those eight, six were infotech billionaires. The world can no longer feign indifference on the pricelessness of public data in this age. Like these infotech billionaires, governments are stewards of public data and money. Their responsibility is allocating same to priority sectors in the society for policy-making. If data is so priceless, why then is the unsustainable concentration of power and wealth (data) in the hands of few individuals and government?

Technological advancement such as computer, internet and airplane has not only demystified global challenges (e.g. transportation) to the point that one could fly from New York to London in six hours or less; technology has made governance and public policy increasingly participatory and interactive. It is believed that such interaction will ultimately result in more democratization of decision-making and getting citizens more involved in the allocation of state resources for public good. Democracy requires transparent decisions; so that citizens are aware of what is decided and how much money is being spent on which purposes.

In developing economies, e.g. Nigeria, one phenomenon driving political instability and economic stagnation is corruption. Stakeholders are unanimous that the incidence of corruption is unacceptably high and that open government – opening up government data and public processes, is the antidote. The importance of data-driven transparency is indisputable in combating corruption because corruption thrives in atmospheres of opaqueness and secrecy. Incontestably, transparency counteracts corruption and sharp practices in government circles.

A fundamental concept for understanding open government is information asymmetry. Information asymmetry is a situation in which one party has more information than another, for instance, when a government has more information than its constituents. One of the reasons why governments open their data is to reduce information asymmetry, but completely overcoming this is often not realistic. Somebody who is inside the system on a daily basis will always have more knowledge than outsiders do. However, easy access and a clear presentation of information are often necessary. By that, citizens can see a clearer picture, but completely bridging the information asymmetry is virtually impossible.

The second point why we should open up government data is civic participation and engagement. Among other forms of centralized governments, one distinctive characteristic of democracy is citizens’ voice or civic participation. Citizens can never be able to properly engage their elected or public officials without data or information about what is happening inside government institutions. World over, a military dictator can always build roads; primary healthcare centres; potable water supply; etc., but at any instance, military dictators lack legitimacy because they rule by the barrel of a gun. Ruling by the barrel of a gun is a measure of primitiveness.

Article 21 of Universal Declaration of Human Rights reads that: “The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret ballot or by equivalent free voting procedures.” Fundamentally, access to relevant public data inevitably guide electorates during elections, guaranteeing credible electoral outcomes among nations. Undoubtedly, under democracies where voices are present, human rights are best protected.

So there is relationship between open government, legitimacy of governments and trust. The importance of easy access to public data as a way of building trust is captured in open government ambitions. Commitments to open government should show that governments are not hiding anything from citizens. In the circumstance, the public can see how the government is functioning, and influence its working where necessary. For example, viewing how budget is spent and thereafter suggesting alternative ways of spending the budget better.

Challenging the status quo

For five decades (1962–2011), Nigeria operated a horrible law – Official Secret Act, which provided for the protection of official information from public interaction or scrutiny. The Act imposed restrictions upon public servants concerning disclosure of certain “privileged” information. Thus, for 50 years, Nigerian political environment was more or less a “black box” – citizens living in information blackout.

In the same year (2011) that Open Government Partnership (OGP) was launched, Nigerian government enacted a revolutionary law – Freedom of Information Act (FOIA), providing for free access of public information to citizens. The act also provides for the protection of personal privacy, protection of serving public officers from adverse consequences when they disclose certain kinds of official information without authorization. The Nigerian FOIA is considered a game-changer in the country’s long push for openness, transparency and accountability.

Global efforts at opening up government-controlled data for public participation and engagement birthed a multilateral initiative – OGP.  In September 2011, on the sidelines of a UN General Assembly meeting, Heads of State from 8 founding governments (Brazil, Indonesia, Mexico, Norway, Philippines, South Africa, United Kingdom, and the United States) endorsed the Open Government Declaration. The OGP aims to secure concrete commitments from national and sub-national governments to open up government data and processes, empower citizens, fight corruption, and harness new technologies to strengthen governance among member states.

How civic organisations are disrupting service delivery using FOIA and OGP

For many years in Nigeria, corruption and cultures of opacity meant that resources meant for development were frittered away. According to a UN report, roughly $4.6bn is spent on bribes in Nigeria each year. Poor transparency and accountability have allowed corruption to flourish, but these civil society groups are trying to change the opaque environment.

Empowered by the provisions of OGP and FIOA, governments are under intense pressure to intensify fights against corruption; sharing more information about the way federal ministers or commissioners are managing public resources and increasing civil participation in public decision-making. A host of civic organisations: Follow The Money, Tracka, PPDC, SERAP etc are harnessing new technologies to strengthen governance especially at the grassroots. The activities of these above-named organisations are examples of how citizens (activists) can be part of the solution of nation building in a fragile or failing democracy. Therefore to increase civic participation, promote transparency, and strengthen accountability; governments must open up public data – hitherto administered in secrecy, for public perusal, consumption and ownership.

This article was originally published on Apolitical in December 2018.

National Orientation Agency is a Nigerian government agency created in 2005 and tasked with communicating government policy, staying abreast of public opinion and promoting patriotism, national unity, and development of Nigerian society.

Do Nigerians have faith in NOA to build a communication bridge for citizens to interact with the government? Is citizens’ inclusion and engagement in demanding transparency and accountability encouraged? Or should we go ahead and advocate for ourselves liaising with civil societies in ensuring that our voices are heard and sideline this agency and all it stands for because of constant interferences of political bureaucracies in decision making and activities of NOA.

Am a little bit indecisive on what to think about NOA, but not entirely conclusive because of recent development by this agency to partner with civil society organisations in Nigeria. NOA gave an open call for collaboration with CSOs on the 31st of October 2017 at Ibeto Hotel, Abuja where a good number of representatives from different NGOs were in attendance.

The Director-General @GarbaAbari represented by The Director, Planning, research and strategy Dr Bonat J. Tagwai gave a brief review of NOAs five years strategy plans and their ongoing projects was made available to all participants, and full involvement of CSOs in the implementation of this program welcomed.

Some highlight of their activities includes

• A well-structured agency and adequately staffed across the country comprising of National Headquarters, 36 States Directorate, FCT 774 Local Government Offices and  3000 volunteer Corp.
• NOA has visited about 120 LGA and  communities to update them on their activities
• They have interpreted the Freedom of Information Act into 20 languages to ease understanding of the Act and drive citizen mobilization and participation in demanding accountability and transparency from their government.
• Has started a survey of 130 MDAs to engage public institutions
• And have launched NOA FM Radio 97.7 though still test running and ideas will be welcomed on how to utilize this station efficiently.

Civil Societies present participated in group work to explore opportunities for partnerships with Short presentations of each group to highlight areas of collaborations with NOA.

A Cross-Section Of CSOs During The Group work

A Cross-Section Of CSOs During The Group work

The benefit for CSOs to collaborate with NOA was further stressed that based on their staff’s strengths and 3000 volunteers scattered around the country. Ease of carrying out campaigns using this volunteer will be efficient because instead of looking for new hands or travelling to places you don’t know, NOA could provide:

The contacts of their volunteers who are always on the ground in all the state.

Location and addresses of their state offices to assist in working in new terrains.

These, in particular, will assist connected development in further driving their campaigns and growing networks.

A Cross-Section Of CSOs During The Group work

To encourage full involvement and authentic evidence of collaborations, interested Civil Societies should send official letters to the Director-General making reference of this event.

This event was viewed and broadcast on PTV News. 

Hon. Emmanuel Njoku and DG Political, Civic, Ethics and Values Dept. Mrs Ngozi Ekeoba

Connected development as started utilizing this partnership opportunity with NOA as our Program Manager for democracy and governance Hon. Emmanuel Njoku plans on working with NOA in his campaign Engaging Emerging Voters for young people below 18 years in senior secondary two and three respectively.

A little brief of the objective of the campaign by Emmanuel Njoku is to increase voter education among eligible secondary school student. The project hopes to create clubs in secondary school for sustainability across the country and provision of short training on democratic values for members

We anticipate NOA full support in achieving this campaign and ensuring that the younger generation will understand the requirement of leadership and the importance of voting to reach a better outcome in the 2019 elections.

Until recently, I really had no idea there was an act called the Freedom of Information (FOI) Act talk much less of knowing what it was all about.This, I am pretty sure is also the reality for majority of Nigerians. In the little time I have been working in the transparency and accountability and open government scene, some facts have become clear and this article really is about sharing some of my experiences in invoking the powers that the FOI Act affords me as a Nigerian citizen.

First of all, let us examine the Act and summarize just a little bit. For Nigerians who are still where I was up until a few months ago, here are a few things you need to know about the FOI Act:        

• It was signed into law by former president Goodluck Jonathan in 2011
• It gives every Nigerian citizen the right to request for information from any public institution from all arms of government; executive (presidency), legislature (lawmakers), judiciary (courts) or any other parastatal supported by public funds () or private organisations that provide public services or utilize public funds
• You can present your request in a written form but this is not compulsory. Verbal requests are also in line with what the law says and in the case of a verbal request, it is the duty of the institution to put the request in a written form on your behalf. However, given that the implementation of this Act is still in its nascent phase, it may be advisable to do a written request (for evidentiary purposes mainly)
• ANYBODY- regardless of age, race, sex, religious, cultural or socioeconomic status CAN request information under the Act
• You do not need to give reasons or explain why you need the information you are requesting for; you just need to ask!
• A mandatory reply is expected from the institution not later than 7 days from the date of the request and a failure to provide information within this time is seen as a no response which is cause for the requester to file a complaint in any Nigerian court of law
• Under certain clauses in the Act, the institution MAY decide to decline your request and they are mandated to state why they have refused.
• If you feel that the institution’s refusal is not covered in any of the clauses, you can file a complaint against them in any Nigerian court of law
• You do not need to pay any processing or other fee with regards to your request. The only fee that may be required is in cases where there will be extra costs in reproduction (such as photocopying) of information requested for
• You can download a copy of the Act here

Now that we know some of the basic stuff about the FOI Act, let me now go on to share some of my most recent experiences in invoking the powers of the Act as a Nigerian citizen:

At Connected Development, some of my major duties involve writing FOI letters to institutions, liaising with and following up with these institutions to get information on some of the projects we undertake when we Follow The Money in the areas of health, education and environment.

In my interactions, I have found that there is still a lot of non-information or misinformation of the general public about what the Act really is about. This may be in part due to the general lackadaisical attitude of Nigerians when it comes to issues we generally consider to be technical and that we perceive may bear little or no effect on our present or future personal standing. To tackle this, it may become expedient that the Act be gazetted, translated into local languages and widely circulated so that Nigerians can easily access and become acquainted with it.

Another finding is that there is still some level of reluctance in the manner and timing that institutions respond to requests. They either do not see the need to reply or even acknowledge the requests and even when they do respond, they never comply with the mandatory 7-day response timing or see the need to ask for and give reasons for an extension period. This problem may have persisted as a result of the fact that no precedents have been set. The law is very clear about what should happen in the case of non-compliance but how many examples can we cite of cases where institutions have actually been held to account?

Now to the issue of who exactly is responsible for handling FOI requests in these institutions: most times, it takes a longer period to get a response because the requests have to be passed around multiple offices before it becomes clear who exactly should handle the requests. This is a very laborious and painstaking process which stalls productivity and response and can be clearly avoided if institutions designate a particular department or officer to the handling of FOI requests and these contacts should be made publicly available on the institutions’ public spaces for easy access.

Finally, it would be really great if public institutions can become proactive in the sharing of public information. We really do not need to wait for individuals or civil society to send so many letters and requests for information that should ordinarily be publicly available to citizens. This can be a very good way for Nigerian government to reiterate its commitment to the Open Government Partnership and show greater responsiveness to its citizens by making data open.

Now, as to whether the ACT is working or not…you decide.