Outrage as Lawyers, Journalists, Others Strongly Reject Governor’s Consent Clause in Kwara FOI Bill

• The proposed Kwara State FOI Bill 2025 has triggered public outcry over a controversial clause granting the governor sole discretion over access to information
• Civil society groups, journalists, lawyers, and opposition figures have unanimously rejected Section 31, calling it unconstitutional and a threat to transparency
• Despite this, only government agencies voiced support, prompting accusations of manipulation and attempts to override federal FOI protections

The proposed Kwara State Freedom of Information (FOI) Bill 2025 has stirred significant controversy as civil society organisations, legal professionals, journalists, opposition parties, and concerned citizens have unanimously rejected a controversial clause that seeks to give the governor unchecked powers over access to information.

The clause, known as Section 31, was introduced into the Bill by the state government. It was strongly opposed during the public hearing held at the Kwara State House of Assembly (KWHA) on 19th May 2025.

Kwara seeks to rewrite FOI rules

Section 31(1) introduced by the Governor 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".

Section 31(2), also newly introduced by the Governor, further states, "No one acting pursuant to this Law shall be liable in any way if non-compliance with the sections in the Law is due to delay in the Governor granting his consent".

Legit.ng learned that major stakeholders at the bills' public hearing on Monday firmly rejected these new provisions and called for their immediate removal.

They maintained that even if the State House of Assembly insists on enacting a state version of the FOI Act, it must not contradict or weaken the federal law, primarily not through restrictive clauses like Section 31.

Oppositions unite in voice against anti-public move

These stakeholders are the Nigerian Bar Association (NBA), the Nigerian Union of Journalists (NUJ), the Nigerian Labour Congress (NLC) represented by the NUJ chairman, and the Peoples Democratic Party (PDP).

Some concerned citizens who were also present at the hearing and rejected the provisions were Architect A.M. Kawu, Barrister Oyelowo, Alhaji Shola Muse, Mr. Bayo from Baboko, and Mr. Shakirulah Ayodeji.

Elites Network for Sustainable Development (ENetSuD), one of the state’s leading civic organisations, described the section as regressive and intended to weaken transparency.

The group faulted a statement released by the Office of the Speaker, accusing it of misrepresenting the hearing's outcome.

ENetSuD said:

“This is a clear indication that the non-state actors, who are the true members of the public that the government is meant to serve, unanimously rejected the obnoxious section that the Governor has inserted to cherry-pick what information to disclose and who to provide information to.”

On the other hand, only government ministries and agencies expressed support for the Bill in its current form.

These include the Commissioner for Communication, the Ministry of Justice represented by the Director of Civil Litigation, the Office of the Secretary to the State Government (SSG), Herald Newspaper, and the Kwara State Broadcasting Corporation.

Their support, however, was described as isolated and not reflective of the broader public sentiment.

“Their position was lone as the voice of the government, which did not get the support of any non-state actor present in the public hearing on the FOI Bill,” ENetSuD added.

An investigative journalist, Dare Akogun, described Section 31 as a serious threat to transparency and the rights of citizens.

“This is a setback for transparency and democratic governance. It is at variance with the principal FOI Act 2011 of the Federation, which they argued will place an unconstitutional restriction on a Federal Law,” he said.

He continued:

“As a practising investigative journalist and a fact-checker of 15 years’ experience, who devoted his master’s thesis at the University of Lagos (2018) to examining the practicability of the FOI Act for Nigerian journalists with a nuance on prospects and challenges, I consider this clause a brazen affront to the very ideals that the law was designed to uphold.”

Residents flee Kwara homes

Earlier, Legit.ng reported that a deadly communal clash over a disputed cashew farm had left at least two people dead and several others injured in Ekiti Local Government Area of Kwara State.

The violent confrontation, which erupted on Friday between residents of Osi and Ẹpẹ-Opin communities, has forced many locals to flee their homes.

Source: Legit.ng