Outcry Rocks Kwara FOI Bill: Stakeholders Demand Removal of “Governor’s Consent” Clause

ILORIN, Kwara State – A public hearing on the Kwara Freedom of Information (FOI) Bill 2025 on Monday, May 19, 2025, was met with widespread rejection of a controversial Section 31, which mandates the Governor’s written consent before public information can be accessed. Civil society organizations and professional bodies sharply criticized the clause, stating it undermines the very essence of transparency and accountability that the FOI Act aims to achieve.

The Elites Network for Sustainable Development (ENetSuD), a prominent anti-corruption group in Kwara, swiftly debunked a statement from the Office of the Speaker of the Kwara State House of Assembly (KWHA) that claimed general support for the Bill. ENetSuD, in a release signed by its Deputy Coordinator (Projects Tracking), Comrade Lanre Osho, asserted that “all stakeholders except Kwara State Government (KWSG) rejected Section 31 of FOI Bill.”

Investigations reveal that Section 31(1) of the contentious Bill states: “Notwithstanding any provision of this Law, no information shall be made available to any applicant without the prior consent of the Governor in writing.” Furthermore, Section 31(2) offers blanket legal protection to public officials for non-compliance if the Governor’s consent is delayed. Critics argue this provision was “imported” into the Bill by Governor AbdulRahman AbdulRazaq and fundamentally deviates from the Federal FOI Act 2011, which does not require such gubernatorial approval.

Attendees at the public hearing who vehemently opposed Section 31 included:

1.ENetSuD

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2.Nigerian Bar Association (NBA)

3.Nigerian Union of Journalists (NUJ), who called for broader consultation on Section 31.

4.Nigerian Labour Congress (NLC), through the Kwara NUJ Chairman.

5.People’s Democratic Party (PDP)

Several private citizens, including Arch. A.M. Kawu, Barr. Oyelowo, Alh. Shola Muse, Mr. Bayo from Baboko, and Mr. Shakirulah Ayodeji, also condemned the clause and demanded its removal.

Many stakeholders questioned why the KWHA had previously ignored and failed to act on the FOI Bill 2019, which had been sent by the Governor for minor corrections.

They highlighted the Supreme Court’s ruling that the Federal FOI Act 2011 is already applicable to all states in Nigeria, rendering the domestication by states largely unnecessary. Even if a state version were to be adopted, they argued, it must not contradict the principal federal Act.

Conversely, only ministries and agencies of the Kwara State Government openly supported the Bill as presented. These included the Commissioner for Communication, Ministry of Justice, Office of the Secretary to the State Government (SSG), Herald Newspaper, and Kwara State Broadcasting Corporation. Their support, however, was noted as a “lone voice of the government” without backing from non-state actors present.

ENetSuD reiterated its call for the Speaker, Rt. Hon. Danladi, and the 10th Assembly to prioritize the will of the general public over that of the Governor and state bodies. The civil society group emphasized that the Assembly should truly represent the people. This ongoing struggle for transparent governance comes amidst a history of challenges in domesticating the FOI Act in Kwara, with ENetSuD having consistently advocated for its passage for years.