faq.php

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    <h1>Frequently Asked Questions</h1>
    <p class="lead">Questions others are asking. Find What's on your mind before <a href="ask.php">re-asking</a></p>
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            <ol type="1">
                <li><h4 id="1">Am I to submit my FOI requests to FOIVault directly?</h4>
                    No! You're not expected to submit your requests to us here as we can't assure you to get it to the
                    appropriate governmental body. You should read our <a href="about.php">about page</a> to see the role
                    we play. You are only expected to submit the logs of requests you've made, and drop updates when
                    they are responded to.
                </li>
                <li><h4 id="2">What is the Right to Know?</h4>
                    The right to know can be defined as the inalienable right of each person, in this case, that of 
                    Nigerian nationals and residents, to access information and documents held by public or private
                    institutions performing public functions.
                </li>
                <li><h4 id="3">Right to Know, right to information, access to information, freedom of information:
                what difference?</h4>
                 There is no difference, those are the expressions used indifferently to mean one and the same thing.
                </li>
                <li><h4 id="4">Freedom of information, freedom of the press, freedom of expression: what difference?</h4>
                    Freedom of Information relates mostly to the right of individuals
                    (all citizens and residents of a given country) to access information held by public institutions
                    or private institutions performing public functions, or where the individual requires the information
                    held by such private institutions for the purposes of exercising his or her fundamental human right.
                    Freedom of the press relates specifically to media institutions and practitioners and what they can
                    or cannot do within the scope of their work.
                    Freedom of expression is the ability of any person to express their opinion freely within the limits
                    of the law.
                </li>
                <li><h4 id="5">Why is the right to know important/useful?</h4>
                    The Right to Know is a tool for democratic governance and citizens’ participation, and is of utmost
                    importance because information is the life wire of every society and the vital ingredient for the
                    effective sustenance of modern democracies. For the people to participate actively and meaningfully in
                    the governance process in any democratic dispensation, and further provide support for the effective
                    implementation of progressive government policies, they need to be fully informed on what is happening.
                    Access to information is also important for social cohesion, in that it enables transparency and
                    mutual respect in relations between government, public organs and users of national and local public
                    services.
                </li>
                <li><h4 id="6">Who has the right to know?</h4>
                    The Right to know is a right for every individual human being irrespective of his or her social status
                    or standing in society, nationality, gender, profession, age, race or any other consideration.
                </li>
                <li><h4 id="7">Who has the duty to inform?</h4>
                    The obligation to inform lies primarily with public institutions that have custody of the information
                    or document requested and private institutions in specific cases.
                </li>
                <li><h4 id="8">Where in the world are there laws on access to information?</h4>
                    Over 85 countries around the world have adopted access to information laws; in Africa, they include:
                    Angola, Ethiopia, Guinea, Liberia, Nigeria, Niger, South Africa, Uganda and Zimbabwe. In addition,
                    there are also several other countries like Nigeria that do not have a full blown, all encompassing
                    access to information laws, but nevertheless enable access to information through various statutory
                    instruments and in diverse sectors of public administration.
                </li>
                <li><h4 id="9">How is the right to know implemented?</h4>
                    Freedom of information is implemented in several steps:
                    <ul>
                        <li>The requester makes a request to the relevant public or private institution.</li>
                        <li>The public or private institution to whom the request is addressed reviews the application
                            against the record/document in his/her custody to ensure he/she has the information sought,
                            or that he/ she has the power to grant access to it.</li>
                        <li>If the institution has the information and is legally allowed to disclose it, he/she has the
                            obligation to grant access to the information to the requester.</li>
                        <li>If the information requested by the applicant falls within an exception stated in the law,
                            then the approving authority must weigh the possibility of applying the exemption and denying
                            access to the requested information in the interest of the public.</li>
                        <li>When the public interest outweighs the exemption, the approving authority must grant access to
                            the requested information to the applicant.</li>
                    </ul>
                    <blockquote>
                        Access to the requested information can also be denied by the authority. In that case, the
                        applicant can appeal against the decision rejecting his/her request for information. The appeal
                        body will depend on the law governing the sector from which information is sought, and can be:
                        A quasi-judicial body specifically created by law to regulate and monitor implementation of access
                        to information (e.g. information commissioner or ombudsman)
                        Ordinary tribunals, where no quasi-judicial body exists;
                    </blockquote>
                    <p>He can also appeal the quasi-judicial body’s decision in court.</p>
                </li>
                <li><h4 id="10">How is the right to know protected/guaranteed in Nigeria?</h4>
                    The right to information in Nigeria is guaranteed by Section 39(1) of the 1999 Constitution and the
                    Court of Appeal and the Supreme Court have ruled and recognised that the right to access information
                    is a fundamental human in the cases of Archbishop Okogie & Ors V. Attorney General of Lagos State and
                    Dr. Basil Ukaegbu V. Attorney General of Imo State respectively
                </li>
                <li><h4 id="11">How do I know my right to information is being violated?</h4>
                    I know my right to information is violated when my request for information addressed to a public
                    organ or a private institution performing public functions is denied without any justification,
                    or when such justification is not legitimate according to the generally accepted principles of an
                    access to information law. Violations of the right to information can take different forms, notably:
                    <ul>
                        <li>Refusal by a public agent to grant access to an administrative building without justification</li>
                        <li>The request by a public agent to be paid money for service rendered outside the normal duty stamp and
                            other clearly indicated fees</li>
                        <li>The silence of a public agent to a request for information</li>
                        <li>The prolonged silence of the administration following a written request for information or
                            delivery of a document.</li>
                        <li>The procedure for delivery of a specific document is not clearly stated and varies from one
                            public agent to the other or is based on personal considerations.</li>
                    </ul>
                </li>
            </ol>

            <address>Most information on the FAQ above is adopted from the <a href="http://r2knigeria.org/index.php?option=com_content&view=article&id=206&Itemid=211">R2KNigeria.org FAQ Page.</a></address>
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