F.O.I ACT

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What is the Freedom of Information Act (FOIA)?

The Freedom of Information Act (FOIA) gives the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of seven exemptions, which protect interests such as personal privacy, national security, and law enforcement.

Making a FOIA request

To get information under the FOIA, a request must be made either electronically (e.g. email) or by completing the form, describing the information sought for, and the preferred format of the response, in as much detail as possible.

Step 1

Draft your request

To draft a request:

1. Write down what information you are looking for with as much detail as possible.
2. Do not write your request in the form of a question but clearly state what records you are requesting.
3. Provide the following:
  - Type of record(s)
  - Timeframe of record(s) (when the record was created)
  - Specific subject matter, country, person and/or organization
  - Offices originating or receiving the record(s)
  - Particular event, policy or circumstance that led to the creation of the record(s)
  - Reason why you believe the record(s) exists

Step 2

Submit your request

To submit a request:

Complete the form to submit your request. We will respond within 7 working days as required by the FOI Act.

Prior to filing a request for State records, please determine if the information you are seeking is already available online.

Public document library

What happens after you make a request?

Unless an exemption applies, the information, if it is held by the state, must be provided to the requester within 7 working days.

Are there penalties for not complying with the FOI Act?

Yes. Public officials who deliberately destroy, alter, hide, or falsify records to stop information from being released can face criminal prosecution and, if convicted, at least one year in prison.

If a public institution refuses to provide information or does not respond to your request within the required time, you can ask the High Court to order the institution to release the information.

Do I have to pay to make an FOI request?

No. Submitting a Freedom of Information (FOI) request is free.

However, if you ask for printed copies or certified documents, you may be required to pay a reasonable fee to cover the cost of copying or reproducing the records. Electronic copies are often provided at no cost where available.

Can I access every government record under the FOI Act?

No. While the Freedom of Information (FOI) Act gives you the right to request many government records, some information is exempt from disclosure.

This may include records related to:

National security and defence
Law enforcement and ongoing investigations
Personal privacy
Commercially confidential information
Other records protected by law

If your request is refused, the public institution should explain why and inform you of your right to challenge the decision in court.

Contact

FOI DESK OFFICER

Anambra State Ministry of Justice