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PHOTO Inside Edo Edo chief Judge signals robust support for FOIA enforcement with new judicial directive

Written By: Editor

05 Oct 2025 04:58 AM

Benin, Edo – The Chief Judge of Edo State, Hon. Justice D.I. Okungbowa, has announced plans to issue a judicial practice direction aimed at streamlining the enforcement of Nigeria’s Freedom of Information Act (FOIA) within the state.

The commitment was made during a courtesy visit by the leadership of FOI Counsel/Rural Development Information and Legal Advocacy Centre (RUDILAC), led by President Aigbokhan, Esq., with support from the Rule of Law and Anti-Corruption (RoLAC II) programme, funded by the European Union and implemented by International IDEA.

The proposed directive is set to address longstanding challenges in FOIA compliance, including procedural bottlenecks, delays, and high litigation costs, which have deterred journalists and citizens from utilizing the Act.

Aigbokhan highlighted Edo State’s significant contributions to FOIA jurisprudence, referencing the landmark Austin Osakue & 9 Ors v. Edo State Agency for the Control of AIDS (EDOSACA) case, which was later affirmed by the Supreme Court.

“Edo State has a proud history of advancing FOIA compliance,” Aigbokhan noted, adding, “however, institutional mechanisms beyond adjudication are critical to ensuring smooth, predictable, and fair compliance.”

He pointed to 2024 research showing that Nigerian journalists remain hesitant to use FOIA due to complex filing procedures and conflicting legal provisions, such as the 30-day filing window under Section 20 of the FOIA clashing with local government laws requiring a 30-day pre-action notice.

The proposed practice direction would simplify filing processes, reduce costs, clarify legal ambiguities, and mandate annual FOIA case reporting to track compliance trends.

“By providing clarity, practice directions will reduce protracted litigation and bureaucratic delays, ensuring that both the public and institutions understand their rights and responsibilities,” Aigbokhan emphasized.

FOI Counsel and RUDILAC have pledged technical support to the Edo judiciary in drafting a model practice direction tailored to the state’s needs while aligning with FOIA provisions.

If implemented, the directive would position Edo State’s judiciary as a leader in open government reforms, fostering greater accountability and transparency in Nigeria’s democratic framework.

The Chief Judge expressed enthusiasm for the initiative, underscoring the judiciary’s commitment to strengthening access to information and upholding the rule of law.

Stakeholders now await the issuance of the directive, which could serve as a model for other states in Nigeria.

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