Remove controversial section 31 of the Kwara FOI bill or meet us in court, ENetSuD tells KWHA, Governor
The Elites Network for Sustainable Development (ENetSuD) has raised serious concerns over the Kwara State Freedom of Information (FOI) Bill 2025, recently forwarded to the Kwara State House of Assembly (KWHA) by Governor AbdulRahman AbdulRazaq.
This development comes in the wake of a landmark Supreme Court ruling affirming that the FOI Act of 2011 applies to all subnational governments, including Kwara State.
In a swift move characterized by what ENetSuD describes as “legislative recklessness,” the KWHA passed the bill for a second reading and has scheduled a public hearing for Monday, May 19, 2025.
A close examination of the proposed legislation reveals the inclusion of a troubling clause—Section 31—introduced by the Governor, which raises alarm among transparency advocates.
Section 31(1) 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,” according to AbdulRazaq Olayemi, Deputy Coordinator (Special Duties), ENetSuD.
Section 31(2) further protects individuals from liability should delays in information release occur due to the Governor’s consent.
ENetSuD also argues that these provisions undermine the principles of open governance and public accountability, asserting that they deviate significantly from the FOI Act’s intent. The organization emphasizes that under the existing framework, the President does not possess the authority to gatekeep information requests in such a manner.
“There is no room for the Governor to control access to public information,” said a representative of ENetSuD. “This is a direct affront to the tenets of transparency and accountability that the FOI Act aims to uphold.”
The organization warns that the introduction of these clauses appears aimed at enabling the Governor to selectively grant access to public information, particularly concerning government expenditures.
“If this section is not removed, we will be compelled to take legal action against the KWHA once the bill is passed in its current form,” they declared.
ENetSuD is calling on the KWHA to take immediate action and eliminate Section 31 from the bill to fulfill its duty to uphold the rights of citizens to access information.
