FOI in Nigeria’s Digital Governance: What law allows citizens to ask by Remmy Nweke - Telecoms Clinic@ITREALMS

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This edition of Telecoms Clinic@ITREALMS, by REMMY NWEKE, examines how the FOI Act empowers Nigerians to access information on telecom regulation, pricing, broadband rollout, and digital identity systems; reinforcing transparency as key to consumer rights and national digital development.

Strategic pillars of modern economy:
When conversations on transparency and accountability emerge in Nigeria, national attention often focuses on elections, budgeting, and public procurement. Yet the telecommunications and digital governance sector; one of the most strategic pillars of the modern Nigerian economy, and remains comparatively under-examined. 

This is despite the fact that decisions in this sector affect how Nigerians communicate, access financial services, participate in governance, learn, work, and interact in the digital world.

The Genesis:
The Freedom of Information (FOI) Act, signed into law by former President Goodluck Ebele Jonathan in 2011, which grants citizens the legal right to request information held by public bodies. This right extends to agencies overseeing telecommunications and digital service regulation, including cases where private companies perform public-interest functions under license or concession.

NCC under FOI compliance:
In practical terms, this means a Nigerian citizen, journalist, researcher, advocate, or community group can request official records and data relating to the operations, policies, and governance of the telecommunications sector. The Nigerian Communications Commission (NCC), as the primary regulator, falls squarely under FOI compliance. 

Other relevant institutions include the National Information Technology Development Agency (NITDA), the Nigerian Data Protection Commission (NDPC), the Universal Service Provision Fund (USPF), and the Federal Ministry of Communications, Innovation and Digital Economy.

Right of access:
The right of access covers a wide scope of public-interest information. Citizens may request records on how spectrum licenses were awarded, what criteria guided specific telecommunications policies, and how decisions affecting consumer tariffs or quality of service were evaluated. 

For instance, the public is entitled to clarity on how rural connectivity funding is being deployed, how digital identity and SIM registration data is handled, and what safeguards exist to protect privacy and prevent misuse of personal data. 

Nigerians may also seek explanations for persistent issues such as poor call quality, slow broadband speeds, or delays in service rollout in underserved regions.

Right to request:
Critically, the FOI Act requires that institutions respond within seven working days, unless a narrowly defined exemption applies. Silence, indefinite delay, or refusal without lawful justification is a violation of the Act and can be challenged in court. The law therefore establishes not only a right to request, but also a right to receive timely answers.

The importance of this mechanism cannot be overstated. Nigeria’s digital economy now contributes more than 18 percent of the national GDP. Telecommunications remain the largest driver of foreign direct investment outside the oil sector. 

Broadband and mobile connectivity underpin every sector, from fintech and digital payments to education, media, governance, agriculture, and trade. Yet significant decisions about these systems are still made with limited public participation or visibility.

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Transparency in telecommunications is not merely procedural, it is material to consumer protection, market fairness, data security, and national digital inclusion. Without openness in regulatory reasoning, Nigerians cannot meaningfully evaluate the cost structures behind tariffs, the equity of service distribution, or the safeguards protecting their data. 

The FOI Act, therefore, functions as a public-interest lens through which citizens can understand and influence how digital governance is conducted.

Effective use of FOI:
To use FOI effectively, a request should be directed to the head of the relevant institution, clearly stating that it is made under the Freedom of Information Act. The information sought should be described as specifically as possible, and contact information provided for correspondence. 

The cost is minimal, usually only the reproduction cost of the documents requested. If the request is ignored or denied without valid legal basis, the requester has the right to seek judicial enforcement.

Transparency is not merely idealistic; it is a practical foundation for trust in the digital economy. As Nigeria advances deeper into broadband expansion, national digital identity implementation, cloud-based public services, and Artificial Intelligence (AI)-driven governance systems, the need for visibility and accountability becomes even more urgent.

FOI is not a tool for conflict, but a tool for clarity. And clarity is the first condition for fairness.