Ekiti State Freedom of Information Law, no. 4 of 2013

1. Short title.

2. Right of access to information.

3. Record creation, record keeping, maintenance and organization.

4. Proactive disclosure of information about Public Institution.

5. Application for information.

6. Timeline for granting or refusing an application for information.

7. Transfer of Application.

8. Extension of time.

9. Where access is refused.

10. Fees.

11. Training on the right to information, setting up FoI units and resourcing them adequately.

12. Destruction of falsification of information or record.

13. Forms of access to information or record.

14. Exemption of law enforcement and investigation related matters.

15. Exemption of personal information.

16. Exemption of third party information.

17. Exemption of preliminary drafts of advice, policies, memoranda and recommendations.

18. Exemption of professional or other privileges conferred by Law.

19. Exemption of information related to academic or professional examination or recruitment process.

20. Exemption of information that could compromise the security of non-public buildings or premises.

21. Severability.

22. Judicial review.

23. Access to record by the Court.

24. Court to take precaution against disclosure information.

25. Burden of proof.

26. Order to disclose information.

27. Exemption of published materials, etc.

28. Protection of Public Officers.

29. Documents under classification.

30. Submission of reports.

31. Complementary procedures.

32. Repeal.

33. Interpretations. 2 Explanatory Memorandum. A LAW TO MAKE PUBLIC RECORDS AND INFORMATION MORE FREELY AVAILABLE, PROVIDE FOR PUBLIC ACCESS TO PUBLIC RECORDS AND INFORMATION TO THE EXTENT CONSISTENT WITH THE PUBLIC INTEREST AND THE PROTECTION OF PERSONAL PRIVACY, PROTECT SERVING PUBLIC OFFICERS FROM ADVERSE CONSEQUENCES FOR DISCLOSING CERTAIN KINDS OF OFFICIAL INFORMATION WITHOUT AUTHORIZATION AND ESTABLISH PROCEDURES FOR THE ACHIEVEMENT OF THOSE PURPOSES AND RELATED PURPOSES THEREOF. EKITI STATE OF NIGERIA. NO. 4 OF 2013. { } Commencement ENACTED BY the House of Assembly of Ekiti State of Nigeria as follows-

1. This Law may be cited as Ekiti State Freedom of Information Short title. Law, 2013.

2. (1) Notwithstanding anything contained in any other Law or Right of access to Regulation, the right of any person to access or request information. information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution of Ekiti State, however described, is hereby established. (2) An applicant under this Law need not demonstrate specific interest in the information being applied for. (3) Any person entitled to the right to information under this Law, shall have the right to institute proceedings in a Court to compel any Public Institution to comply with the provisions of this Law.

3. (1) Every Public Institution in Ekiti State shall; 3 (a) ensure that it creates a record of all its activities, operations and Record creation, record business and keep such information or record in a manner that keeping, maintenance and organization facilitates the right of access to information. (b)ensure the proper organization and maintenance of all information in its custody in a manner that facilitates the right of access to information.

4. (1) Every Public Institution in Ekiti State shall cause to be published in Proactive Disclosure of the State Gazette and through print, electronic and online media: - information about Public Institutions. (a) a description of the organization and responsibilities of the institution including details of the programmes and functions of each division, branch and department of the institution; (b) a list of all (i) classes of information or record under the control or custody of the institution in sufficient detail to facilitate the exercise of the right of access to information under this Law; (ii) manuals used by employees of the institution in administering or carrying out any of the programmes or activities of the institution; (c) documents containing- (i) final opinions including concurring and dissenting opinions as well as orders made in the adjudication of cases; (ii) substantive rules of the institution; (iii) statements and interpretations of policies which have been adopted by the institution; (iv) final planning policies, recommendations and decisions of the institution; (v) factual reports, inspection reports, and studies whether prepared by or for the institution; (vi) information relating to the receipt or expenditure of public or other funds of the institution; 4 (vii) the names, salaries, titles, and dates of employment of all employees and officers of the institution; (viii) the rights of the State or a local government council authority, the public, or of any private persons; (ix) the name of every official and the final record of voting in all proceedings of the institution; (d) a list of; (i) files containing applications for any contract, permit, grant or agreement; (ii) reports, documents, studies, or publications prepared either by the institution or by independent contractors for the institution; and (iii) materials containing information relating to any grant or contract made by or between the institution and another government or Public Institution or private organization; (e) the title and address of the appropriate officer or employee of the institution to whom application under this Law should be sent, provided that the failure of any Public Institution to publish any information that is required to be published under this sub-section shall not prejudicially affect the right of access to public records and information in the custody of such as provided for under this Law. (2) Every Public Institution in Ekiti State shall ensure that the information referred to in this section is widely disseminated and made readily available to members of the public through various means, including media and at the offices of such Public institutions. (3) Every Public Institution in Ekiti State shall update and review information required to be published under this section, periodically, and immediately whenever changes occur. (4) Any person entitles to the right of access to information conferred by this Law shall have the right to institute proceedings in a Court to 5 compel any Public Institution in Ekiti State to comply with the provisions of this section. (5). Every default by any Public Institution in Ekiti State to comply with the provisions of this section shall attract a minimum penalty of N100, 000. 00 (One hundred thousand naira) (6). Public Institution to which this Law applies are all authorities whether Executive, Legislative or Judicial Agencies of the State Government, together with all Corporations established by Law and all Companies in which the State or Local Government Council authority has a substantial or controlling interest and also private companies performing public functions, providing public services or utilizing public funds.

5. (1) An application for access to information under this Law shall be Application made in writing to the Public Institution that has custody of the for information information or record. (2) For the purpose of this Law, any information or record applied for, that does not exist in print but can be produced from a machine or any device, normally used by the Public Institution shall be deemed to be information or record under the control or custody of the Public Institution. (3) Illiterate or disabled applicants who by virtue of their illiteracy or disability are unable to make an application for access to information or record in accordance with the provisions of subsection (1) of this Section, may take their application through a third party. (4) An authorized official of a Public Institution to whom an illiterate or disabled person makes an oral application for information or record, shall reduce the said application into writing, in the form prescribed under subsection (1) of this section and shall read the written application to the applicant, who shall then confirm if the written application is accurate and accords with his or her request, after which a copy of the said written application shall be provided to the applicant. 6

6. (1) Where information is applied for under this Law, the Public Timeline for granting or refusing an application for Institution to which the application is made shall, subject to the information. provisions of Sections 7 and 8 of this Law, not later than seven (7) days following the date of receipt of the application: (a) make the information available to the applicant; (b) where the Public Institution considers that the application should be denied in whole or in part, it shall give written notice to the applicant that access to all or part of the information will not be granted, stating reasons for the denial and the relevant section of this Law under which the denial is made.

7. (1) Where a Public Institution receives an application for access to Transfer of application information under this Law, and the institution considers that another Public Institution has a greater interest in the information, the institution to which the application is made may, within three (3) days but not later than seven (7) days after the application is received transfer the application, and if necessary, the information or record to the other Public Institution, in which case the institution transferring the application shall give written notice of the transfer to the person(s) who made the application, that such decision to transfer the application can be reviewed by a Court. (2) Where an application is transferred under subsection (1), the application shall be deemed to have been made to the Public Institution to which it was transferred on the day the institution received it. (3) For the purpose of subsection (1), a Public Institution has a greater interest in an information or record, if:- (a) the information or record was originally produced in or for a Public Institution, the institution was the first to receive the information or record or a copy thereof. (b) in the case of an information or record not originally produced in or for a public institution, the institution was the first to receive the information or record or a copy thereof. 7

8. A Public Institution may extend the time limit set out in Section 6 in Extension of respect of an application under this Law for a reasonable period of Time. time, and in any event not exceeding seven (7) days, if: (a) the application is for a large number of records or information or necessitates a search through a large number of records or information and meeting the original time limit would unreasonably interfere with the operations of the Public Institution; or (b) consultations are necessary to comply with the application that cannot reasonably be completed within the original time limit, by giving notice of the extension, stating whether the extension falls under the circumstances set out in this section, which notice shall contain a statement that the person has a right to have the decision to extend the time limit reviewed by a court.

9. (1) Where a Public Institution refuses to give access to a record or Where access is information applied for under this Law, or a part thereof, the Public refused. Institution shall state in the notice given under section 6(b) the grounds for the refusal and the specific provision of this Law on which the refusal is based and shall also state in the notice that the applicant has a right to have the decision reviewed by a Court. (2) Any notification of denial of any applicant for information or record shall set forth the names, designation and signature of each person responsible for the denial of such application. (3) The Public Institution shall be required to indicate in the notice given under subsection (1) whether the record exists. (4) Where the Public Institution fails to give access to information or record applied for under this Law or part thereof within the time limit set out in this Law, the institution shall, for the purposes of this Law, be deemed to have refused to give access. (5) Where a case of wrongful denial of access is established, the defaulting institution shall be liable to a fine of One hundred thousand naira (N100, 000) or more. 8

10. Fees shall be limited to standard charges for document duplication Fees and transcription where necessary; provided that such standard charges shall be reasonable and have due regard to the prevailing market rate.

11. (a) Every Public Institution shall ensure the provision of appropriate Training on the right to information, setting up and adequate training for its officials on the public’s right to access Fol units and resourcing information or records held by Public Institutions as stated in this Law them adequately. and for the effective implementation of this Law. (b) Every Public Institution to which this Law applies, shall establish a unit that would be saddled with the responsibility of seeing to the effective discharge of the FoI related obligations of such an institution. (c) The unit referred to in subsection (b) shall be provided with the requisite human and material resources to enable it effectively handle the FoI related obligations of the Public Institution.

12. It shall be an offence punishable with a minimum of 1 year Destruction or imprisonment for any officer or the head of any Public Institution to falsification of which this Law applies, to either destroy any information or record information or record. kept in his/her custody or attempt to doctor or otherwise alter same before they are released to any person, entity or community applying for it.

13. (1) Access to a record or information shall be given to the person Forms of Access to information or record. applying for it in one or more of the following forms; (a) a reasonable opportunity to inspect a copy of the record or information; (b) in the case of information or record that is an article or film from which sound or visual images are capable of being reproduced, the making of arrangements for the applicant to hear or view the sound or visual images; (c) in the case of a document, machine or other device by which words are recorded in a manner in which they are capable of being 9 reproduced in the form of sound or which words are contained in the form of shorthand writing or in codified form, provision by the Public Institution of a written transcript of the words recorded or contained in the document. (2) Subject to subsection (3) of this Section, where the person applying for information or record has applied for it to be given to him or her in a particular form or format, access shall be given in that form or format. (3) If the giving of access in the form or format applied for by the person would; (a) interfere unreasonably with the operations of the Public Institution, or the performance by any officer or employee thereof of his or her functions; or (b) be detrimental to the preservation of the information or record or, having regard to the physical nature of the information or record, would not be appropriate; or (c) but for the provisions of this Law, would involve an infringement of copyright (other than copyright owned by the State or Local Government Council, or a Public Institution thereof) subsisting in the matter contained in the information or record, being a matter that does not relate to the affairs of a Public Institution, access in that form or format may be refused and access shall be given in another form or format. (4) where a person applies for access to a record in a particular form or format and, for reasons specified in subsection (3) thereof, access in that form is refused but access is given in another form or format, the applicant shall not be requested to pay fees in respect of the provision of access to the information or record that is greater than the fees that he would have been required to pay if access had been given in the particular form or format that he or she applied for.

14. (1) A Public Institution may refuse any information applied for, the Exemption of Law enforcement and disclosure of which would: investigation related matters 10 (i) interfere with pending or actual and reasonably contemplated Law enforcement proceedings conducted by any Law enforcement or correctional agency. (ii) interfere with pending administrative enforcement proceedings conducted by any institution or ; (iii) deprive a person of a fair trial or an impartial hearing; (iv) unavoidably disclose the identity of a confidential source; (v) constitute an invasion of personal privacy; (vi) obstruct an ongoing criminal investigation (vii) provide information which the disclosure could reasonably be injurious to the security of the State; However, where the interest of the public would be better served by having such information or record made available publicly, this exemption against the disclosure of such information or record shall not apply; (2) The Government or Public Institution may refuse to disclose any information which could reasonably be expected to facilitate the commission of an offence. (3) For purpose of this Section, “Investigation” means an investigation that: (a) pertains to the administration or enforcement of any enactment; (b) is authorized by or pursuant to any enactment.

15. Subject to subsections (2) and (3), a Public Institution may refuse to Exemption of disclose any information or record applied for that contains personal personal information. Information exempted under this sub-section shall information. include: (i) personal information maintained with respect to clients, patients, residents, students, other individual receiving social, medical, educational, vocational, financial, supervisory or custodian care or 11 services directly from state agencies or government or Public Institution. (ii) personal information maintained with respect to employees, appointees or elected officials of any government or Public Institution or applicants for such position; (iii) personal information maintained with respect to any applicant, registrar or license by any cooperating with or engaged in professional or occupational registration, licensure or discipline in Ekiti State; (iv) information required of any tax payer in connection with the assessment or collection of any tax unless disclosure is otherwise applied for by State Law and; (v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies in Ekiti State. (2) A Public Institution may disclose any information or record applied for that contains personal information if- (a) the individual to whom it relates consents to the disclosure; or (b) the information is publicly available. (3) Where disclosure of any information or record referred to in this Section would be in the public interest, and if the public interest in the disclosure of such information or record clearly outweighs the protection of the privacy of the individual to whom such information relates, the Public Institution to whom an application has been made shall disclose such information subject to Section 14(2) of this Law.

16. (1) Subject to subsection (4), a Public Institution may refuse to Exemption of Third Party information. disclose any information or record applied for under this Law that contains - (a) trade secrets and commercial or financial information obtained from a person or business where such trade secrets or information are proprietary, privileged or confidential, or where disclosure of 12 such trade secrets or information are proprietary, privileged or confidential, or where disclosing such trade secrets or information may cause competitive harm. Nothing contained in this Subsection shall be construed to prevent a person or business from consenting to disclosure: (b) information, the disclosure of which could reasonably be expected to interfere with the contractual or other negotiations of a third party; (c) proposal and bids for any contract, grant or agreement, including information which if it were disclosed would frustrate procurement of give an advantage to any person. (2) A Public Institution shall not, pursuant to subsection (1), refuse to disclose a part of a record if that part contains the result of a product or environmental testing carried out by or on behalf of a Public Institution. (3) Where a Public Institution discloses a record applied for under this Law, or a part thereof, that contains the result of a product or environmental testing, the institution shall at the same time as the record or part thereof is disclosed, provide the person who applied for it, a written explanation of the methods used in conducting the test. (4) A Public Institution shall disclose any information or record applied for under this Law, or any part thereof, that contains information described in subsection (1), if that disclosure would be in the public interest, as it relates to public health, public safety or protection of the environment or, if the public interest in disclosure clearly outweighs in importance any financial loss or gain to, or prejudice to the competitive position of, or interference with contractual or other negotiation of a third party.

17. (1) A Public Institution may subject to subsection (3), refuse to Exemption of preliminary disclose any information or record applied for, that contains drafts of advice, policies, memoranda and preliminary drafts, notes, recommendations, memoranda and other recommendations. records in which opinions are expressed, or proposals on policies or 13 actions are formulated, except that a specific information or record or relevant portion thereof shall not be exempted when the information or record is publicly cited or identified by the Public Institution. (2) Subsection (1) does not apply in respect of a record that contains: (a) an account of, or a statement of the reasons for a decision that is made in the exercise of a discretionary power or an adjudicative function and which affects the rights of a person: or (b) a report prepared by a consultant or any adviser who was not, at the time the report was prepared, an officer or employee of a Public Institution or a member of staff of a Ministry in the Ekiti State. (3) where the interest of the public would be better served by having such information or record made publicly available, this exemption against the disclosure of such information or record shall not apply;

18. A Public Institution may deny an application for information that is Exemption of professional subject to the following privileges - (a) Legal Practitioner-Client or other privileges conferred by law. privilege; (b) Health Workers-Client privilege; (c) Journalism confidentiality privileges; and (d) Any other professional privileges conferred by law.

19. (1) A Public Institution may refuse an application for an information Exemption of information related to or record relating to an academic or professional examination or academic or professional recruitment or selection process prior to the completion of that examination or recruitment process. examination or recruitment or selection process if the release of the information or record is likely to jeopardize the integrity of that examination or recruitment or selection process. (2) Information or record referred to under subsection (1) must be released on request after the academic or professional examination or recruitment or selection process has been completed. 14

20. A Public Institution in Ekiti State may refuse to disclose any Exemption of information information or record applied for that contains information pertaining that could compromise the security of non public to architects’ and engineers’ plans for building not constructed with buildings or premises. public funds, to the extent that disclosure would compromise security.

21. Notwithstanding any other provision of this Law, where application is Severability made to a Public Institution for access to information or record that the institution is authorized under this Law to refuse to disclose by reason of information or other material contained in the record, the institution shall disclose any part of the record that does not contain such exempted material and can be severed from any part that contains any such exempted information or material.

22. (1) Any person who has been refused access to information or record Judicial review applied for, or part thereof may apply to the Court for a review of the matter within thirty days after the Public Institution has either refused or is deemed to have refused the application, or within such further time as the Court may, either before or after the expiration of those thirty days, fix or allow. (2) An application made under this section shall be heard and determined summarily. (3) The Chief Judge of Ekiti State shall develop for application by the Judiciary, a set of practice directions to facilitate the summary hearing and determination of applications brought by litigants pursuant to the provisions of this Law.

23. Notwithstanding anything contained in any other Law or enactment or Access to record by any privilege under the law of evidence, the Court may in the course of the court. any proceedings before it arising from an application brought under Section 22 of this Law, examine any information or record to which this Law applies that is under the custody or control of Public 15 Institution and no such information or record may be withheld from the Court on any ground.

24. In any proceedings before the Court arising from an application under Court to take Section 22, the Court shall take precaution, including when appropriate precaution against receiving presentations by ex-parte and conducting hearings in camera disclosing information to avoid the disclosure by the Court or any person of any information or other material on a basis of which the applied for, or part thereof.

25. In any proceedings before the Court arising from an application under Burden of proof Section 22, the burden of establishing that the Public Institution is authorized to refuse to disclose the information or record under this Law or a part thereof, shall be on the Public Institution concerned.

26. (1) Where a Public Institution refuses to disclose a record applied for Order to disclose or a part thereof on the basis of a provision of this Law, the Court information. shall order the institution to disclose the record of part thereof to the person who applied for access to the record. (i) if the Court determines that the institution is not authorized to refuse to disclose the record or part thereof : or (ii) where the Public Institution is so authorized, but the Court nevertheless determines that the institution did not have reasonable grounds on which to refuse to disclose the record or part thereof: (iii) where the Court makes a finding that the interest of the public in having the record being made available is greater and more vital than the interest being served if the application is refused. (2) Any order the Court makes in pursuant of this Section may be made subject to such conditions, as the Court deems appropriate. 16

27. This Law does not apply to: Exemption of (a) published material or material available for purchase by the published public; materials, etc (b) library or museum material made or acquired and preserved solely for public reference or exhibition purposes; or (c) material placed in the State Library, Museums or the non-public section of the Archives on behalf of any person or organization other than a government or institution.

28. (1) Notwithstanding anything contained in the Criminal Code, the Protection of Official Secrets Law, or any other enactment that is applicable in Ekiti Public Officers. State, no civil or criminal proceedings shall lie against any Government or Public Institution, or against any person(s) acting on behalf of the Government or Public Institution, and no proceedings shall lie against the State or Local Government or any institution thereof, for the disclosure in good faith of any record or any part of a record pursuant to this Law, for any consequences that flow from that disclosure, or for the failure to give any notice required under this Law, if care is taken to give the required notice. (2) Nothing contained in the Criminal Code or the Official Secret Law shall prejudicially affect any public officer who, without authorization discloses to any person, any public record or information which he reasonably believes to show- (a) A violation of any law, rule or regulation; (b) Mismanagement, gross waste of funds, fraud, and abuse of authority; or (c) A substantial and specific danger to public health or safety notwithstanding that such information was not disclosed pursuant to the provision of this Law. (3) No civil or criminal proceedings shall lie against any person receiving the information or further disclosing it. 17

29. (1) The fact that any record in the custody of a Public Institution is Documents under kept by that institution under security classification or is classified classification. document within the meaning of the Official Secrets Law does not preclude it from being disclosed pursuant to an application for disclosure thereof under the provisions of this Law, but in every case the Public Institution to which an application for such record is made shall decide whether such record is of a type referred to in Sections 14, 15, 16, 17, 18, 19 or 20 of this Law, (2) If a Public Institution to which the application for a record mentioned in subsection (1) is made, decides that such record is not a type mentioned in the Sections referred to in subsection (1) thereof, access to such record shall be given to the person who made the application. (3) If a Public Institution to which the application for a record mentioned in subsection (1) is made, decides that such record is of a type mentioned in the Sections referred to in subsection (1) thereof, he shall give notice to the person applying for the record.

30. (1) On or before February 1 of each year, each Public Institution shall Submission of submit to the Attorney General and Commissioner for Justice of Ekiti Reports. State a report which shall cover the preceding fiscal year and which shall include: (a) the number of determinations made by the Public Institution not to comply with applications for records made to the Public Institutions under this Law and the reasons for each such determinations; (b) the number of appeals made by persons under this Law, and the reason for the action upon each appeal that results in a denial of information; (c) detailed information on whether a Court has upheld the decision of the Public Institution to withhold information under such circumstances and a concise description of the scope of any information withheld; 18 (d) the number of applications for information or records pending before the Public Institution as of October 31 of the preceding year and the median number of days that such application has been pending before the Public Institution as of that date; (e) the number of applications for information or records received by the Public Institution and the number of applications which the Public Institution processed; (f) the median number of days taken by the Public Institution to process different types of application for information or records; (g) the total amount of fees collected by the Public Institution to process such applications; and (h) the number of fulltime staff of the Public Institution devoted to processing applications for records, or the total amount expending by the Government or Public Institution for processing such applications. (i) detailed information on whatever challenges were experienced in the course of implementing every aspect of the law in that particular year. (2) Each Public Institution shall make its report available to members of the public, in hard copies, online and through other electronic means. (3) The Attorney-General and Commissioner for Justice of Ekiti State shall make each report, which has been submitted to him, available to the public, at a single electronic access point, in hard copies and through other electronic means. (4) The Attorney-General and Commissioner for Justice of Ekiti State shall notify the Ekiti State House of Assembly not later than April 1 of the year in which such report is issued, that such reports are available in hard copies, online and by electronic means. (5) The Attorney-General and Commissioner for Justice shall develop reporting and performance guidelines in connection with the 19 implementation of this Law and the annual reports required by this Section and may establish additional requirements for such reports as he or she may determine. (6) The Attorney-General and Commissioner for Justice shall in his oversight responsibility under this Law ensure that all institutions to which this Law applies comply effectively with the provisions of this Law. (7) The Attorney-General and Commissioner for Justice shall submit to the Ekiti State House of Assembly an annual report on or before April 1 of each calendar year which shall include for the prior calendar a listing of the number of cases arising under this Law, the exemption involved in each case, the disposition of such case and the cost, fees, and penalties assessed. (8) Such report shall also include a description of the efforts taken by the Ministry of Justice to encourage all government or Public Institutions to comply with this Law. (9) For purposes of this Section, the term (a) „government‟ includes any executive department, agencies, government controlled agencies, or other establishment in the executive branch of the government (including the Executive office of the Governor), or any other independent regulatory or Public Institution ; and (b) „record‟ means any terms used in this Law in reference to information which includes any information that would be government or Public Institution in any format, including an electronic format.

31. (1) This Law is intended to complement and not replace existing Complementary procedures for access to public records and information and is not procedures. intended to limit in any way access to those types of official information that have, hitherto, been normally available to the general public. 20 (2). Where the question whether any Public information is to be made available, where that question arises under this Law the question shall be determined in accordance with the provisions stated herein, unless otherwise exempted by this Law.

32. The Ekiti State Freedom of Information Law, No. 10 of 2011 is Repeal hereby repealed.

33. In this Law, unless the text otherwise requires:- “Court” means the Ekiti State High Court. Interpretations. “Public/Government Institution” means any Legislative, Executive, Judicial, Administrative or Advisory body of the State and Local Governments, Boards, Bureau, Committees or Commissions of the State, and any subsidiary body of those public bodies including but not limited to committees and sub-committees which are supported in whole or in part by public fund or which expends public fund and private bodies carrying out public functions; “public record or document” means a record in any form having been prepared, or having been or being used, received , possessed or under the control of any public of private bodies relating to matters of public interest and includes- (a) any writing on any material; (b) any information recorded or stored or other devices; and any material subsequently derived from information so recorded or stored; (c) any label, marking, or other writing that identifies or describes anything of which it forms part, or to which its is attached by any means; (d) any book, card, form, map, plan, graph, or drawing ; 21 (e) any photograph, film, negative, microfilm, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced.; „Person” includes a corporation sole, and also a body of persons whether corporate or incorporate; acting individually or as a group; “Personal information” means any official information held about an identifiable person; but does not include information that bears on the public duties of public employees and officials. 22 EXPLANATORY MEMORANDUM

1. This Law seeks to provide a right of access to public information or records kept by government, or private bodies carrying out public functions for citizens and non-citizens of Ekiti State.

2. This will increase the availability of public records and information to citizens of the country in order to participate more effectively in the making and administration of laws and policies and to promote accountability of public officers. 23