Appraisal of FOI Act: Need for Legislative Amendment

Abstract

This brief seeks to review the FOI Act with a view to propose an amendment to the Act thereby strengthening and make it complementary to other strategies designed to reinforce accountability and transparency in the public sector. Presently, the major drawback to FOI act is its “demand driven” nature which has made it to be less effective in ensuring transparency and accountability in public institutions. Also, the Act does not encourage public participation in the budget process and implementation thereby heightening tax avoidance and evasion. The Brief therefore, recommends that the National Assembly may need to amend the FOI Act such that the Act becomes “supply driven”. By so doing, public institutions, MDAs and government agencies would be mandated to provide information quarterly on the utilization of funds, challenges of meeting some set goals and practical efforts that will be put in place to achieve the goals set for the next quarter. It should also be required of all the MDAs to support proposed capital projects with the consultant evaluation reports which will be presented to the public. Based on the information supplied, interested members of the public could request for further explanations and documents for verification. This will ensure transparency in the polity, dispel rumors and encourage public trust in government actions. There is need for the National Assembly to amend the FOI Act or possibly enact e-governance law that would make it mandatory for MDAs to provide information about their nonclassified activities by uploading on websites, digital and e-governance platforms.