MRA Condemns Harassment of Citizens by DSS for Exercising Right to Information under FOI Act
Media Rights Agenda (MRA) today condemned the harassment of a citizens’ group leader by the Department of State Services (DSS) for exercising his fundamental right to request information from the government under the Freedom of Information (FOI) Act of 2011.
MRA characterized this intimidation as unlawful and as an affront to the very principles of transparency and accountability that the Act seeks to uphold.
Reports indicate that the DSS in Ibeju-Lekki, Lagos State, contacted Mr. Jamiu Olayinka, one of the conveners of the Ibeju-Lekki Peoples Forum, by phone on the morning of September 12, 2024, instructing him to report to their office at 10 a.m. that same day.
Upon complying with the request, Mr. Olayinka was interrogated about an FOI inquiry he had submitted to the Lagos State Government, along with a subsequent lawsuit aimed at enforcing compliance regarding a $100 million payment allegedly made by billionaire businessman Alhaji Aliko Dangote to the State Government. This payment was in relation to nearly 7,000 acres of land currently occupied by Dangote Refinery, which was reportedly acquired by the Government without compensation. The Government had claimed to have granted the land to Alhaji Dangote free of charge approximately nine years ago.
The FOI request was filed by the De Renaissance Patriots Foundation, a socio-cultural organization, in a letter dated July 29, 2024, addressed to Lagos State Governor Babajide Sanwo-Olu. The letter sought to confirm a recent statement made by Alhaji Dangote, asserting that he paid $100 million as compensation for the land acquired for his refinery.
After the Government failed to respond, De Renaissance Patriots and the Ibeju-Lekki Peoples Forum initiated a lawsuit against the Government, appealing to the Federal High Court in Lagos to compel them to address Alhaji Dangote’s claim. If the statement is verified, they are also requesting a detailed account of how the money was collected and its specific uses.
In a statement by its Deputy Executive Director, Mr. Ayode Longe, MRA said: “The FOI Act was enacted to empower citizens to seek information, foster open governance, and ensure that government activities are transparent and accountable to the public. The harassment of individuals for legitimately exercising their right under the Act by submitting an FOI request and asking the court to enforce compliance is a direct violation of this right and a disturbing affront to the democratic ideals that Nigeria aspires to uphold.”
According to him, the FOI Act affirms the right of any person to access or request information “which is in the custody or possession of any public official, agency or institution howsoever described” while Section 1(3) of the Act also gives any person entitled to the right to information under it “the right to institute proceedings in the Court to compel any public institution to comply with the provisions of this Act.”
Mr. Longe insisted that the rights given to any person by the Act can be exercised by any group or body of persons in the light of the clear definition of a “person” under Section 30 of the Act to include “a corporation sole and body of persons whether corporate or incorporate, acting individually or as a group.”
He therefore called on the government and all relevant authorities to put an immediate end to the intimidation and harassment of citizens seeking information through lawful means, saying that the actions of the DSS not only erode public trust in the government but also violate the legal rights of all Nigerians and members of the public to access information.
Mr. Longe said: “We urge the government to reaffirm its commitment to the rule of law and the principles of open government by ensuring that citizens can exercise their rights without fear of harassment, intimidation or retaliation. Those responsible for this harassment of citizens should be held accountable for this gross subversion of the Law and abuse of power, while the safety and freedom of those using the FOI Act to seek information must be guaranteed.”
Stressing that in a democracy, access to information is not a privilege but a right guaranteed by Law, he said: “We stand in solidarity with all citizens courageously and dutifully exercising their right to information and call for immediate remedial action to prevent further abuse of power by any organ or agency of Government.”
