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Report on Access to Information Law research in West Africa

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Report from Monitoring of Access toInformation in West Africa.

A publication of

Media Rights Agendai

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© Media Rights Agenda 2010

All rights reserved. No part of this publication may be photocopied, recordedor otherwise reproduced, store in a retrieval system or transmitted in any formor by any electronic or mechanical means without the prior permission of thecopyright owner and publisher.

ISBN 978-978-915-878-2

Printed in Nigeria by Media Rights Agenda

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Ask, And You May Receive

A publication of

© Media Rights AgendaAugust 2010

ISBN 978-978-915-878-2iii

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First Published in August 2010 by:

Media Rights Agenda31/33 Ladipo Kasumu StreetOff Adeleke StreetOff Allen Avenue, Ikeja, Lagos.P. O. Box 52113, IkoyiLagos, Nigeria.Tel: 234-1-7616803E-mail: [email protected]: http://www.mediarightsagenda.net

ISBN 978-978-915-878-2

Copyright ©: August 2010 by Media Rights Agenda

Cover Concept by:Edetaen Ojo

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Acknowledgements

This report is published by Media Rights Agenda (MRA) as part of aproject titled “Monitoring Access to Information in West Africa” conducted

in most of Anglophone West Africa from 2008 to 2010.

The project was implemented in four countries in West Africa, namely Ghana,Liberia, Nigeria and Sierra Leone and was carried out in collaboration with theMedia Foundation for West Africa (MFWA) in Ghana; the Centre for MediaStudies and Peace-Building (CEMESP) in Liberia; and the Society forDemocratic Initiatives (SDI) in Sierra Leone.

Media Rights Agenda would like to acknowledge and thank the Ford Foundationfor its generous support which made the project possible.

We would also like to thank all our partner organizations in the different countries- the Media Foundation for West Africa in Ghana; the Centre for Media Studiesand Peace-Building in Liberia; and the Society for Democratic Initiatives in SierraLeone – as well as their staff and consultants who conducted, coordinated andsupervised the research phase and the monitoring component of the project. Inparticular, we acknowledge the hard work of the country researchers: Ms UgonnaDuru (Ghana); Counsellor T. Negbalee Warner and Mr. P. Alphonsus Zeon(Liberia); Ms Ifeoma Vivian Ebo (Nigeria) and Mr. Emmanuel Saffa Abduallai(Sierra Leone).

Additionally, we would also like to thank various other individuals whocontributed to the successful implementation of the project, particularly the dozensof citizens from the four countries, cutting across various sectors including themedia professionals, civil society activists, women representatives, students,business persons, persons with disabilities and other vulnerable groups, amongothers who submitted requests for information to public institutions across allbranches and all levels of government.

Mr. Tive Denedo, Campaigns Director of Media Rights Agenda, and Mr. AyodeLonge, Senior Programme Officer, worked with partners in other countries to

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design and formulate access to information requests based on the outcome ofthe country researches. They also trained requesters from Ghana, Liberia,Sierra Leone and Nigeria on all aspects of the monitoring exercise andcoordinated the implementation in the different countries, including final editingof the report, while Mr. Edetaen Ojo, the Executive Director of Media RightsAgenda, had responsibility for the overall supervision of the project.

Media Rights Agenda is grateful to all of these individuals and organizations.

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Table of Content

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PageAknowledgement v

Preface ix

Introduction 1

CHAPTER ONE1. 0 International Standards on Access to Information 21.1. Continental Status of Access to Information 31.2. The Access to Information Monitoring Tool. 41.3 Summary of Findings 81.4. The Classification of Outcomes Used in the Access to

Information Monitoring 91.5 Compliant Outcomes 101.6 Noncompliant Outcomes 11

CHAPTER TWO2.0 Main Findings of the Monitoring. 132.1 Analysis of Outcomes of the Access to Information

Monitoring in Nigeria 132.2 Analysis of Outcomes of the Access to Information

Monitoring in Ghana. 152.3 Analysis of Outcomes of the Access to Information

Monitoring in Liberia 172.4 Analysis of Outcomes of the Access to Information

Monitoring in Sierra Leone 192.5 Inconsistency in Outcomes 23

CHAPTER THREE3.0 Finding by Type of Outcome 253.1 Mute Refusals 253.2 Unable to Submit/Refusal to Accept 273.3 Refusal to Accept Outcomes 283.4 Oral Refusals 29

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3.5 Transfers and Referrals 323.6 Information Not Held 333.7 Information Received 343.8 Partial and Inadequate Information 36

CHAPTER FOUR

4.0 Findings by Monitoring Variables: Requesters and 39Requests

4.1 Discrimination in Provision of Information 394.2 The Requests 414.3 Conclusion 424.4 Recommendations: 44

APPENDIX♦ Requests and Requestors by Country♦ Sierra Leone 45♦ Ghana 62♦ Nigeria 79♦ Liberia 102

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Preface

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This report is based on a legal research conducted by Media Rights Agenda(MRA) to establish the scope of access to public information granted citizensand other members of the public under Nigerian Law.

The research was motivated by the need to explore possibilities for citizens andother members of the public in Nigeria to exercise their rights of access toinformation under the Law even in the absence of a comprehensive Freedom ofInformation Law as part of a wider project in selected countries in West Africa.

Media Rights Agenda began working on access to information issues in 1993.In 1994, it partnered with the Civil Liberties Organization (CLO) and the NigeriaUnion of Journalists (NUJ) to launch a campaign for the adoption of a Freedomof Information Law in Nigeria.

Following from this process, it initiated a vigorous campaign in 1999 to getNigeria’s National Assembly to pass the draft Freedom of Information Bill intoa Law which would be assented to by the President, as required by theConstitution.

After more than 10 years of a somewhat frustrating experience in trying to getthe government to enact a Freedom of Information law, MRA is now reviewingits strategies for trying to bring about transparency in government and governance.A critical question in that review exercise is whether it is really necessary to waitfor the passage of the Freedom of Information Bill before citizens can begin topush their governments to be more open and transparent.

Therefore, while MRA remains committed to the campaign for the enactment ofa Freedom of Information Law in Nigeria and similar laws elsewhere on thecontinent, it has also decided to explore existing laws, regulations and policydocuments which provide some opportunities for citizens to obtain informationand services from governments and to begin pushing vigorously for their effectiveimplementation.

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In spite of the legal status of the right of access to information and the steps sofar taken within the African Human Rights system to give effect to this right,Africa appears to be lagging behind other regions of the world in this globalmovement towards guaranteeing citizens’ right of access to information, withWest Africa being among the three worst off regions on the continent.

Very few countries on the continent have clear and specific guarantees of theright to information in their constitutions. Such countries include: Cameroon,the Democratic Republic of the Congo (DRC), Ethiopia, Ghana, Madagascar,Malawi, Mozambique, Senegal, South Africa, Tanzania and Uganda.

However, most of these countries do not have comprehensive freedom ofinformation laws to elaborate this right. Only three of them – South Africa,Uganda and Ethiopia – have freedom of information laws to give effect to thisright.

Although Uganda adopted its Access to Information Act since April 2005, fullimplementation is still being awaited more than five years after. The mandatedRegulations which will bring the law into force are still not in place and so,despite having a constitutional guarantee and a freedom of information legislation,Ugandan citizens remain unable to enjoy the right of access to information.

Despite challenges of effective implementation, South Africa’s Promotion ofAccess to Information Act (PAIA) of 2000, the first access to information lawon the continent, also appears to be the most credible effort on the continent toempower citizens through access to information as a matter of right althoughthere are recent moves in its Parliament to roll back this gain.

Ethiopia adopted the Law on Mass Media and Freedom of Information in 2008.Although the Ethiopian Law is merged with media legislation, it contains significantfeatures of a Freedom of Information law.

Besides South Africa, Uganda and Ethiopia, the only other country on thecontinent with freedom of information law is Angola, which adopted its Accessto Official Documents Law (Law 11/02) in 2005.

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This means that only four countries out of the 54 in Africa have adopted freedomof information laws – that is about 7.4 per cent. No single country in three(West Africa, Central Africa, and North Africa) out of Africa’s five sub-regionshas a freedom of information law.

Zimbabwe has a law which it pretentiously calls the Access to Information andProtection of Privacy Act (AIPPA), adopted in 2002 and which it has adoptedthree times since then, in 2003, 2005 and 2008. But it is difficult to classifyAIPPA as a freedom of information law in view of the scope of exemptionscontained in the Law and several obnoxious provisions designed to control themedia and repress media freedom in the country. It is geared more towardsrestricting the free flow of information than facilitating it.

Over the past 12 years, there have been vigorous efforts in four countries inWest Africa to adopt Freedom of Information laws. These are in Ghana, Liberia,Nigeria and Sierra Leone. There are indications that the bill will soon becomelaw in Liberia because there is no evidence of strong opposition to the bill. InSierra Leone, the Freedom of Information bill has been in the legislative processnow for over five years but is yet to become Law. The situation is even worsein Ghana where the Right to Information Bill has been awaiting legislative actionfor over seven years. But nowhere in the sub-region has the situation been moredisheartening than in Nigeria, where a Freedom of Information Bill has beenawaiting passage since 1999.

Many reasons have been advanced for the slow pace of adoption of Freedomof Information laws in Africa, including:

· Lack of political will on the part of leaders who ideally have theresponsibility for putting such laws in place.

· A culture of secrecy in government which makes the notion of publicscrutiny an alien concept.

· A “messiah complex” among political leaders who believe that they havecome to save the people and that they know what is best for them andhave all the answers to the problems.

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· The limited capacity within civil society to conduct effective advocacyfor the adoption of freedom of information laws in the respective countriesbeyond mere sloganeering.

· Other competing priorities in many countries where the argument isfrequently made that when placed against the need to provide otherservices and infrastructure such as health, education, water, roads, etc.,the requisite institutional arrangements and resources necessary to adoptand implement freedom of information laws will be too costly.

· The low levels of awareness among members of the public which severelylimits public demand for adoption of freedom of information laws.

Regardless of the absence of comprehensive freedom of information laws inmost countries, the project which led to this report sought to explore ways inwhich citizens can use other existing laws, regulations and policy documents toadvance their rights.

In many countries around the continent, there are scores of legislation with accessto information clauses or provisions under which government bodies, includingministries, departments and agencies, are obliged to provide information to theircitizens either proactively or upon a request being made.

This project sought to identify such laws in Ghana, Liberia, Nigeria and SierraLeone with the ultimate goal of testing how effectively they are implemented orrespected by government officials with a view to empowering citizens in thesecountries to take advantage of such provisions to advance their human rights ina variety of sectors.

The report will be a valuable resource for citizens and other members of thepublic interested in exercising their rights of access to information or in testingthe levels of transparency and compliance with laws among public institutions inNigeria.

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It helps to identify the provisions or sections of laws, regulations and policieswhich require some public institutions to grant citizens or members of the publicaccess to information directly or through which citizens and other members ofthe public can have indirect access to information, records and documents heldby relevant public institutions.

We hope citizens and members of the Nigerian public will take advantage of thisreport to push for information from public institutions while the advocacy for acomprehensive Freedom of Information Law continues.

Edetaen OjoExecutive DirectorMedia Rights Agenda

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Media Rights Agenda (MRA) became involved in the campaign for accessto information in Nigeria in 1994 when it partnered with the Civil Liberties

Organization (CLO) and the Nigeria Union of Journalists (NUJ) to develop adraft Freedom of Information Bill.

Following from this process, it initiated a vigorous campaign in 1999 to getNigeria’s National Assembly to pass the draft Freedom of Information Bill intoa Law which would be assented to by the President, as required by theConstitution.

After more than 10 years of a somewhat frustrating experience in trying to getthe government to enact a Freedom of Information law, MRA is now reviewingits strategies for trying to bring about transparency in government and governance.A critical question is that review exercise is whether it is really necessary to waitfor the passage of the Freedom of Information Bill before citizens can begin topush their governments to be more open and transparent.

Therefore, while MRA remains committed to the campaign for the enactment ofa Freedom of Information in Nigeria and elsewhere on the continent, it has alsodecided to explore existing laws, regulations and policy documents which providesome opportunities for citizens to obtain information and services fromgovernments and to begin pushing vigorously for their effective implementation.

In spite of the legal status of the right of access to information and the steps sofar taken within the African Human Rights system to give effect to this right,Africa appears to be lagging behind other regions of the world in this globalmovement towards guaranteeing citizens’ right of access to information, withWest Africa being among the three worst off regions on the continent.

Very few countries on the continent have clear and specific guarantees of theright to information in their constitutions. Such countries include: Cameroon,the Democratic Republic of the Congo (DRC), Ethiopia, Ghana, Madagascar,Malawi, Mozambique, Senegal, South Africa, Tanzania and Uganda.

However, most of these countries do not have comprehensive freedom ofinformation laws to elaborate this right. Only three of them – South Africa,

Introduction

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1. International Standards on Access to Information

There is yet no fixed international standard governing the right of access toinformation held by public bodies. International treaty law, as it currently stands,established only a general right to freedom of information. However, ARTICLE19, the London-based Global Campaign for Free Expression has developed aset of principles on freedom of information. These principles, “The Public’s Rightto Know: Principles on Freedom of Information Legislation,” according to thegroup are based on international and regional laws and standards, evolving statepractices (as reflected, inter alia, in national laws and judgments of nationalcourts) and the general principles of law recognized by the community of nations.However, a number of countries enshrine the right of access to information togovernment-held information in their constitutions. Over 65 countries have passedaccess to information laws, and countless additional laws and regulations promoteinformation access at the regional and local levels. The most authoritativeinternational text is the Council of Europe’s Recommendation 2002(2) on theRight of Access to Official Documents, which sets out clear minimum standardsfor government transparency. 1

The Justice Initiative has identified 10 broad principles tagged The Justice InitiativePrinciples on the Right to Know on what could serve as guide for civil societygroups and legislators working to open the space and increase access toinformation in different countries. ARTICLE 19 has also developed a modelfreedom of information law based on its principles of freedom of informationlegislation.

1Recommendation Rec(2002)2 of the Committee of Ministers to member states on accessto official document (Adopted by the Committee of Ministers on 21 February 2002 at the784th meeting of the ministers’ deputies) http//cm.coe.int/E/Public/2002/adopted.texts/recommendations/2002r.htm

Chapter One

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1.1. Continental Status of Access to Information.

Table 1: Constitutional and Legal Frameworks in Countries Monitored

Countries Constitutional Provisions Access to Information Status

Ghana 1992: Article 21 (1)(f) Right to No Freedom of Infor-Information, “subject to such mation law. Draft FOIqualifications and laws as are Bill before parliamentnecessary in a democratic society,”Article 21(1)(f)

Liberia Article 15 of the 1986 Liberian No Freedom of Infor-Constitution guarantees “freedom of mation law. Draft FOIspeech and of the press, academic Bill before parliamentfreedom to receive and impartknowledge, and the right ofLibraries to make such knowledgeavailable

Nigeria Section 39 (1) of the 1999 No Freedom of Infor-Constitution guarantees Freedom mation law. Draft FOIof Expression but not access to Bill before parliamentgovernment held information.

Sierra Leone Section 25(1) of the 1991 No Freedom of Infor-Constitution of Sierra Leone mation law. Draft FOIallows for “the freedom to hold Bill before parliamentopinions and to receive and impartideas and information withoutinterference.

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1.2. The Access to Information Monitoring Tool.

The Access to Information Monitoring Tool designed for this survey comprisesa set of instruments designed to capture information about a country’s laws andpractices regarding freedom of Information. First, a legal template provides abasis for assessing country laws and ascertaining where there are provisions ofaccess to information in those countries laws. Second, a monitoring methodologydeveloped by the Justice Initiative and expanded by Media Rights Agenda inthis exercise based on tested information monitoring experience and expertisefrom polling and sociological surveys, facility standardization in the making ofrequests and the kind of information requested.

The Monitoring Process

Applying the Access to Information Monitoring Tool involved three phases.First, a review of national legislation to identify those with access to informationprovisions. This provides a standard to evaluate the level of openness in thecountry’s public institution and the progress toward implementing its access toinformation laws. Next, participants in the study requested information fromvarious institutions, track the responses, and key the results into a shareddatabase. Finally, the data are analyzed and prepared for presentation.

Legal Analysis

Legal analysis in each country assesses national law against internationalstandards by means of the legal template. The template is a checklist based onthe Justice Initiative’s principles on the right to know, which reflect internationaland national law and practice. The legal template provides a framework forcomparative analysis of elements such as the scope of a given country’s law,the time frames for delivering information, exemptions, costs, and appealsprocedures. In countries with access to information legislation, the templateallows for the identification of country specific variations for consideration whenassessing the compliance of outcomes in those countries. For countries withoutany relevant legal provisions, the template provides a basic structure forassessment of their compliance with minimum international standards on theright of access to information.

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There was no legal time frame in the laws with access to information provisionsthat compels a head of department to give information to requesters within anycountry in the survey. This is due largely to the legal environment in each countrywhich operates on laws that are not structured according to international standardsof when to give information to a requester. However, while most of the laws inthe countries surveyed had exemption provisions to the general access toinformation, none had costs, and appeals procedures built into them.

Submission of Requests

The monitoring process began with the submission of requests for informationand records. The type and number of requests filed were determined so as totest a number of variables across countries, allowing for measurement andcomparison of the treatment of requests and information received. Requestersin each country were chosen to reflect different groups that may wish to accessinformation, and a broadly similar range of national institutions were targeted forinformation. Likewise, requests were submitted both orally and in writing ineach country.

The numbers of requests filed in each country varied substantially depending onthe numbers of public institutions with access to information provisions in thelaw establishing it. In Nigeria and Liberia were there thirteen public institutionsavailable for monitoring, while a total of one hundred and four requests werefiled in each of the two countries. In Ghana ninety-seven requests were filedwith twelve public institutions while in Sierra Leone there were eighty-eightrequests filed with eleven public institutions. The laws used for this survey didnot specify time frames for receipt of information so a time frame of two weekswhich was the accepted standard was used in all four countries.

A total of 390 requests that comprised 196 requests were each filed twice bydifferent requesters at one week interval of two waves. One request which wasinadvertently filed thrice resulted in the total number of 393 instead of 392 requests.The requests were submitted to a varying number of different institutions in eachcountry. There is a variation in the number of requests submitted in each country.Nigeria has a much higher number of laws with access to information provisionthan Sierra Leone so more requests were made in Nigeria. Sierra Leone like

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Liberia has some laws and Ministries that were created after the civil war thatdestroyed most of the older institutions and materials. Institutions where requestwere filed included those of the executive (ministries), the judiciary administrativebodies, and parastatal companies. Requesters included NGO workers, journalists(in each country, two journalists were selected, one broadly “pro-government,”the other “oppositional”), business persons, non-affiliated persons, and membersof excluded groups, such as illiterate or disabled persons or those from vulnerableminorities. Requests were made in both oral and written form, with writtenrequests delivered by hand or sent by post, and on occasion submitted by fax oremail depending on the system most widely used in the country in question.

The study was designed to limit requests to the kinds of work that public bodiesdo, or information they should hold. These are laws that were framed withprovisions for transparency and accountability. The study took these laws fromthe statute books of each of the four countries to test how public officials wereimplementing these provisions. There was no information that was requested forin the monitoring that could have been exempted by law.

Although there were no standardized requests, there are a couple of Ministries,Department and Agencies (MDA’s) that render similar public services in thecountries under survey. It therefore means that a little of comparisons betweencountries can still be carried out to see how each fared for information of use totheir work. The methodology also set standards for the behaviour of requesters:in training sessions requesters were told to ensure that no one is aware that asurvey is being conducted as that would impair the integrity of the process anddistort the outcome. They were also instructed to make up to two attempts atfollow-up and optional telephone call.

Data Collection and Analysis

Once data entry was complete, the data were reviewed and final outcomesassigned to all requests. Data verification queries were generated and sent topartners for review and correction. Partners went through at least three roundsof review to ensure that the basic details were adequately captured to reflect thetrue position of the survey carried out in their countries.

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This was followed by another period of discussions of the results on a requestby request basis. Every single request was reviewed, the comments and resultsread, and the outcomes evaluated and agreed upon by coordinators from theparticipating countries.

The final step in the verification process was an analysis of the outcomes for allrequests. As noted above, each project request was submitted twice to thesame institution by different requesters. The results of each pair of requestsprovide an additional test of whether or not institutions comply with requests forinformation.

Throughout the study, a “benefit of the doubt” rule was applied. Where institutionsresponded that they did not hold requested information and in the absence of awritten explanation for the outcome it was considered that the institution actuallymay not hold the said information unless there is a clear evidence to believeotherwise.

Caveats and Disclaimers

A study of this kind involves unavoidable human factors - public employees mayrespond differently to different requesters regardless of the access to informationprovisions in the laws guiding the agency’s operation. Public officials may noteven be aware that such a law that requires them to give out government heldinformation actually exists. The behaviour and persistence of requesters in turnwill be affected by this treatment. Many of the laws relied upon in this survey didnot include a “duty to assist” requesters. In the course of this study, someofficials were kind and encouraging to requesters, others were unnecessarilymean, rude and obstructive trying to show ownership of the information morethan the requester who also is a citizen like the public officer.

Overall there were a huge number of people that were engaged in this projectand given the legal, social and cultural differences among countries the expectationis that there must be some contradictions and inconsistencies. In some of thecountries public officers may display more empathy to requesters than others.The results should therefore be regarded as a test of the information waters and

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the findings of the research by Media Rights Agenda. But it should be on recordthat much effort was invested to ensure that the principles in the methodologywere faithfully applied. The result is the outcome of the survey carried out inthese four West African countries and it also shows how they compared duringthe exercise. When the survey was carried out, no West African country had acomprehensive freedom of information law in place.

1.3 Summary of Findings

This report is the record and analysis of the result of an access to informationmonitoring exercise in which partners of Media Rights Agenda in Ghana, Liberia,Sierra Leone and Nigeria filed a total of Three Hundred and Ninety-Threerequests for information and records. In each of the country under the survey,twelve different requesters submitted the same request twice for about 90 requeststo 12 public institutions. Requesters included NGO staff, journalists, students,non-affiliated persons, business persons, members of excluded groups such asan illiterate woman and a physically challenged person. The requests weregenerally on information and records that public institutions hold or should hold.

The requests were made to test public institutions’ compliance to the provisionsof access to information in existing legislation in those four countries. There wereno requests made for classified documents and other information and recordsthat were exempted from being given to the public and is based also on theguarantees of such provisions that could be found in the existing laws withtransparency clauses.

Article 21 (1) (f) of the Ghanaian Constitution states: “All persons have the rightto information subject to such qualifications and laws as are necessary in ademocratic society.” The other countries including Nigeria, Liberia and SierraLeone may not have spelt it out so clearly but there are provisions in some oftheir laws that allow for citizens to request for information.

International best practices and standards indicate that requesters are not obligedto disclose reasons for seeking access to information; but from the reports gatheredduring the four weeks of Access to Information monitoring, almost all the

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institutions visited were asking for reasons why the information were being soughtas well as some form of identification without which access was denied.

The findings in Ghana are the same for Liberia, Sierra Leone and Nigeria and itis apparent that certain public institutions are unwilling to release information inthe following circumstances:

1. Where the institution believes that it is not clear why the information isbeing requested and for what purpose.

2. Where access to information will require a lot of energy in the compilationof data required (Poor record keeping system)

3. Where there is no officer designated for the compilation of such data.

4. Where there are several similar requests on the same subject matter

5. Where the requester does not have any affiliation – in other wordsrequesters must of necessity have an affiliation to a particular organizationbefore they can access information

6. Where the request is unrelated to the requester’s job title/academicwork as the case maybe.

7. Poor understanding of the provisions of the country’s law on providingcertain categories of information to members of the public.

1.4. The Classification of Outcomes Used in the Access to InformationMonitoring

There are ten main categories of outcomes used in the study. The outcomes canbe grouped into two broad categories of compliance and non-compliance withthe international standards of access to information principles.

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1.5 Compliant Outcomes

Information Received: The requested information is provided, in written ororal from. The information answers the question and is relatively complete.

Partial Access: Documents are delivered with sections blacked out or “severed”or the information is otherwise incomplete on grounds provided for by law. Aslong as the authority clearly states the grounds for withholding some information;partial access was considered a complaint response.

Written Refusal: Refusal to provide requested information ought to be writtendown; and should state the grounds for withholding information. Written refusalsprovide a basis for appealing decisions and so are useful even where noncompliant(for example, when the grounds for refusal are inadequate or unstated). For thisstudy, we generally assumed written refusals to be complaint, except in caseswhere they clearly were not – such as, for example, when the paired requestwas treated differently.

Transferred/Referred: The institution either: (a) provides a written or oralresponse referring the requester to another institution: or (b) transfers the requestto another institution. This is a complaint response, unless the institution thatreceived the original request is clearly the correct location for the information.

Information Not Held: Where the approached authority is the correct locationfor the requested information, but does not have it, the compliant response is totell the requester that the “information is not held.” The admission by governmentbodies of failures or inadequacies in information compilation is beneficial for theoverall transparency of government in that it enables a dialogue with the publicabout data collection priorities. In the present study, this response was recordedas complaint unless there was good reason to believe that the information was infact held by the institution in question.

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1.6 Noncompliant Outcomes

Inadequate Answer: Information is provided that is largely incomplete,irrelevant, or in some other way unsatisfactory, demonstrating a disregard forthe right of access to information. For example, “inadequate answer” wasrecorded if a large pile of documents was provided that did not contain theanswer to a very specific request, or if a requester was directed to a websitewhich did not contain the requested information.

Mute Refusal: This category indicates no response at all from the authorities,or at best, vague answers to follow up calls. There is no formal refusal, but noinformation is provided. This outcome was recorded after the time frames foranswering requests expired without the information being given.

Oral Refusal: An official refuses to provide the requested information, whetheror not grounds are given, without putting the refusal in writing. This categoryincludes snap responses to oral or hand delivered requests, such as “thatinformation is not public.” Oral refusals can also be received by telephone,either when a requester calls to verify if a written request has been received, orwhen a call is made at the initiative of the authority.

Unable to Submit: A request is marked “unable to submit” when a requestercould not file a request. For example, some requesters could not enter relevantinstitutions because guards denied them admittance. Or, once inside, requesterscould not speak to the relevant person, because they were, for instance, absent,always “at lunch,” or “coming in tomorrow.”

Refusal to Accept: Refusal to accept was recorded whenever a governmentbody refused to process in any way an information request, whether oral orwritten. Typical responses include “We cannot accept oral requests” withoutany assistance offered to write up the request, or “We do not accept informationrequests.” Refusal to accept outcomes differ from unable to submit outcomes inthat the public body actively declines to process the request. They differ fromoral refusals in that the specific content of the information request is never atissue.

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Late Answers: Responses made in this study were counted as mute refusals. Arecord was kept, however, of responses that came after the set time frame oftwo weeks after which is the predetermined “late” period. An analysis of theselate answers is to be found in Chapter Four of this report. It is recognized thatthe late responses may be due to several factors other than lack of political will,such as high demand, inadequate resources, or inadequate systems ofrecordkeeping. Nonetheless, we decided to classify late responses asnoncompliant because: (a) timely response is an important element of the right toreceive information; and (b) we wanted to ensure consistency in recording results.In any event, very few late responses were received in this monitoring study.

Assessing Compliance

There is no way of assessing compliance since there is no law specifying whatobligations the public official must fulfill apart from giving information to requesters.But compliance can be ascertained by comparing results for paired requests.When the same requests in Ghana got two very contrasting outcome as in theBirth and Death Registry. One requester got the answer while the other was toldthat the institution was not holding the information.

Also in Liberia one requester received information from an employee of LISGISregarding a list of international institutions providing technical support to LISGIS,but another requester was denied the information by the Executive Director ofthe entity. A requester was also denied information from the Ministry of Educationabout the list of public and private schools in Liberia, while another requesterwas provided the information.

All these conflicting outcomes may be as a result of two different officials thatresponded to the requesters as there is no person specifically appointed to receiverequests and provide information. In such circumstances it is impossible to tellwhether a response is compliant or not.

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2.0 Main Findings of the Monitoring.

Each of the expected outcomes that were identified as possible responses weregiven to requesters by officials of the public institutions in the four countriesunder the survey. The sadness in the ranges of outcomes is that the requestswere backed by laws establishing the public institutions which gave guaranteesthat the public can request for information. The public officials in most of theMDA’s showed a great deal of arrogance or ignorance in handling the requestsand the breakdown is given below to reflect the attitude of public officials tocitizens in the exercise of their rights to access public information held bygovernment.

2.1 Analysis of Outcomes of the Access to Information Monitoring inNigeria

In Nigeria nine categories of outcomes/responses generated a total of 104outcomes from the exercise. The outcomes in Nigeria include Information receivedwith eighteen outcomes (two oral and sixteen written), Mute Refusal, forty-six;Oral Refusal, nine; Unable to Submit, six; Partial Access, four; Refusal to Accept,twelve; Incomplete Answer, two; Information not Held, one; and Referred, six.

Table showing all the Outcomes of the Survey in Nigeria

Outcomes of Survey FrequencyInformation Received 18Mute Refusal 46Oral Refusal 9Unable to Submit 6Partial Access 4Refusal to Accept 12Incomplete Answer 2Information not Held 1Referred 6Written Refusal -Total 104

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Table 1: All Outcomes for Nigeria

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2.2 Analysis of Outcomes of the Access to Information Monitoring inGhana.

Eight types of outcomes/responses generated a total of ninety four [94] outcomesfrom the Access to Information monitoring exercise in Ghana. They includeInformation received with seven outcomes (five oral and two written); MuteRefusal, thirty four; Oral Refusal, five; Unable to Submit, six; Partial Access,one; Refusal to Accept, twenty-eight; Incomplete Answer, three; Informationnot Held, seven; and Referred, Three. Three requests were not submitted sothey did not generate any outcome/response

Table showing all the Outcomes for the Survey in Ghana

Outcomes of Survey FrequencyInformation Received 7Mute Refusal 34Oral Refusal 5Unable to Submit 6Partial Access 1Refusal to Accept 28Incomplete Answer 3Information not Held 7Referred 3Written Refusal -Total 94

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Table 2: All Outcomes for Ghana

Main Findings of the Monitoring

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2.3 Analysis of Outcomes of the Access to Information Monitoring inLiberia

Liberia made One hundred and four requests just like Nigeria. Of the total,Information Received outcomes were seventeen; Oral Refusal, fourteen; MuteRefusal, thirty-nine; Partial Access, six; Information not Held, four; Referred,five; Unable to Submit, sixteen; Refusal to Accept, two and Written Refusalone.

Table showing all the Outcomes for the Survey in Liberia

Outcomes of Survey FrequencyInformation Received 17Mute Refusal 39Oral Refusal 14Unable to Submit 16Partial Access 6Refusal to Accept 2Incomplete Answer -Information not Held 4Referred 5Written Refusal 1Total 104

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Table 3: All Outcomes for Liberia

Main Findings of the Monitoring

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2.4 Analysis of Outcomes of the Access to Information Monitoring inSierra Leone

Requesters in Sierra Leone submitted the least number of requests during thesurvey. It also had only four outcomes which is also the least numbers of responsesfrom the public institutions. The outcomes from Sierra Leone are InformationReceived, Nine; Incomplete Answer, Two; Unable to Submit, One and MuteRefusal Seventy Six.

Table showing all the Outcomes for the Survey Sierra Leone

Outcome of Survey FrequencyInformation Received 9Mute Refusal 76Oral Refusal -Unable to Submit 1Partial Access -Refusal to Accept -Incomplete Answer 2Information not Held -Referred -Written Refusal -Total 88

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Table 4: All Outcomes for Sierra Leone

Table showing all the Outcomes for the four countries in the survey

Nigeria Ghana Liberia Sierra Total Leone

Information Received 18 7 17 9 51Mute Refusal 46 34 39 76 195Oral Refusal 9 5 14 - 28Unable to Submit 6 6 16 1 29Partial Access 4 1 6 - 11Refusal to Accept 12 28 2 - 42Incomplete Answer 2 3 - 2 7Information not Held 1 7 4 - 12Referred 6 3 5 - 14Written Refusal - - 1 - 1Total 104 94 104 88 390

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Table 5: Response to 390 Request in the four countries, by Type

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Table 6: Table Showing Outcomes to Request by Countries

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2.5 Inconsistency in Outcomes

The high number of actors involved in the exercise must ordinarily producedifferent kind of results. A public officer may for reasons best known to him orher decide on how to relate to enquiries in the public institution where he or sheworks. The need to track consistency in outcomes was the consideration forfiling one request twice to the same institution. But that could not happen as itarouses suspicion among officials that there is more to the same type of requestarriving one on the heel of the other. The common response to paired request isthat the public institution has seen the request before so it cannot be respondedto again by the institution. Many of these paired requests filed the outcomes ofMute Refusals and Oral Refusals but there were a few exceptions were tworequesters received responses that were dramatically different for the samerequests and on different grounds.

For example in the requests sent to the Independent Electoral Commission(INEC) in Nigeria where the requests was to determine how many Direct CaptureMachines where delivered after the 2007 elections, the outcomes were the samebut the answers contained different figures. The illiterate woman got the followingresponse:

“I got to the Public Service Department where I was told that INEC hadover 600,000 machines and after the elections some of the machines werestored while the bad ones which were almost half were disposed off.”

In the same institution, the student got the following response

“The lady who volunteered information to me on condition of anonymitysaid that my request seemed as if I want to audit or probe INEC than foracademic purpose which I claimed it is going to be used for. Also that sheis giving me information because we speak the same language She howevergave me a detailed oral information for what I requested.”

According to her, INEC requested for 33,000 Direct Capture machines includinglaptops for 120,000 polling units in Nigeria. One Direct capture machine was

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given to 4 polling units. That after the elections, the Commission made up of theChairman and the 12 federal electoral Commissioners that make up the 6geopolitical zones met and decided that instead of keeping these machines to rotaway, 3000 pieces should be kept as reserve, and the remaining be shared tosome individuals for their private use. These includes ; INEC Staff at theheadquarters on grade level 07 and above, some Staff at the state secretariatsof INEC, some immigration Officials, secondary school teachers and some staffof federal ministry of Agriculture. And for the quantity that was supplied after theelections, she said she does not know because the machines were suppliedbefore the election and not after the whole exercise.”

According to a requester in Ghana, “officials of the Ministry were suspicious asto why within two weeks they have received the same questions from differentpersons. I believed it aroused their suspicion and when I went back, she askedme to wait, and meanwhile she was busy doing her assignment. Later she toldme that my company has nothing to do with imports/exports and also that theyhave been getting such letters from different quarters.” There were no suchincidents reported both in Sierra Leone and in Liberia. It is an indication thatthese two countries are more receptive to request for information by membersof the public.

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3.0 Finding by Type of Outcome

3.1 Mute Refusals

Government Held Information is Government Owned Information

In the survey, what came out very strongly is the impression given by publicofficials that the information held by government is owned by government. Withthis belief the silent treatment identified as Mute Refusal was One Hundred andNinety-five of the requests that were submitted in the four countries. By publicofficials’ standard, this response from the survey is consistent with how to treat“intruders” from the public. Some of the requesters were harassed and intimidatedby public officials as happened to the journalist in Ghana.

“When I delivered the letter, I was made to see the Director the same day.He said the question was not clear so I should explain verbally. I did and hestill said it was not clear. He then told me that the question is not the typeof question that the media should be interested in but in any case he wouldcall me when the information is ready. I returned and he started to rantand yell that my paper was fond of finding trouble for people and that Ishould give him time to get me the right answers to my question. When Ireturned the second time, he said he would call me when the information isready so I should relax and give him time.”

In Liberia a requester who was sent to the Legislature was not given theinformation he requested. The requester was informed that the President ProTempore of the Liberian Senate had mandated his Chief of Office Staff to liaisewith the requisite department to provide the necessary information. The requesterhowever did not get the information because the Chief of Office Staff was alwaysbusy. The requester relived the same experience at the Office of the Chief Justice.He was informed that the Chief Justice was always busy and that he shouldleave his phone number and will subsequently be contacted when the informationis ready. The requestor however was never contacted up to the submission ofhis report. Also at the National Electoral Commission (NEC), he was told thatthe NEC Chairman was still out of the Country, and that they regretted thatnothing could be done in his absence.

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In Sierra Leone there was only one recorded incident of harassment when theChief Administrator got enraged over a question by a requester on the processfor receipt of letters when she is not on duty.

“She said she is going to travel outside the country for three weeks. Andshe will only attend to those letters when she returns from her trip. When Iasked her if there is any body to minute those letters when she is away sheshouted at me and said, ‘I will never risk my job. So go and come at theend of this month’.”

Table 3: Mute Refusals as a Percentage of All Outcomes

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3.2 Unable to Submit/Refusal to Accept

Unable to Submit Outcomes

The public institutions seem to provide more security for information than forphysical assets in their possession. It seems information is so precious to thedaily running of the Ministry so much so that all type of subterfuge is employedto frustrate every enquiry. There were Twenty-Nine outcomes of Unable toSubmit. This outcome was recorded in most cases by the non literate requesters.The difficulty in getting a public officials who are willing to take down their oralrequests in written form was a huge barrier to getting access into the officeswhere the request could be submitted.

A requester in Ghana had the following experience. “My letter was deliveredto the front desk officer who refused to acknowledge receipt. I was told theAuditor General was out of town. I requested to see the Chief Director andwas told he was also out of town. I returned and the front desk officerinsisted that there was no one I could speak with.”

At the Independent Corrupt Practices Commission (ICPC) office in Nigeria,the non literate requester was stopped at the gate by security and asked whoshe would like to see. She told the security that she would like to see the PublicRelations officer. She was further questioned on the purpose of her visit and shesaid she had an enquiry about the number of cases successfully prosecuted incourt. The security told her that she would need to make her request on herletter head before she can be granted entrance

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Table 5: Unable to Submit as a Percentage of All outcomes

3.3 Refusal to Accept Outcomes

The gate keepers in form of receptionists, security aides in the Ministries perceivethemselves as judges over who should have access to information kept bygovernment in trust for the people. Largely this position is informed by theignorance that public information is totally government owned. There were Forty-Two incidents of Refusal to Accept.

In Nigeria the requester who wanted records on birth registrations was tossedto and fro and at the end did not get the information. She said “the Public AffairsDepartment of the National Population Commission refused to accept the requestand referred me to the Birth Registration Office which also refused to accept itand referred me back to the Public Affairs Department. On going back to thePublic Affairs Department, they again refused it and sent me back to BirthRegistration Office. At the end I had no institution to give it to.  

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In Ghana a requester reported from the Bank of Ghana when he asked to betold the cost of redenomination of the Ghanaian currency in 2007 including thecost of printing new notes and minting new coins. He said “the security men didnot want to allow me in until I insisted I wanted to see the head of PublicRelations. I finally delivered the letter but was told the PRO was not around.I returned and was told the PRO was still not around. I called her and shesaid she was on leave so I should address my letter to the Chairman of theRe-denomination Committee and send a copy to the Governor of the CentralBank. I returned with another letter addressed to the Chairman as I wasinstructed but I was stopped by security officials at the Bank of Ghana.They took the letters and went inside. They returned and said the Bankwould get back to me. No one got back to me.”

In Liberia “the request at the Judiciary was not accepted by the Temple ofJustice employee whom the requester spoke with. The employee who refusedto be identified said he will not provide the information to the requestor and willalso not permit the requester further entrance to request any information unless,he is told who are behind the request and why information about money thatwas spent to train defense counsel is wanted. He threatened imprisonment if therequestor refused to leave. Out of fright the requestor declined her pursuit forthe information. She also got the same reception at the General AuditingCommission (GAC). She was denied entrance on the first attempt to make therequest. On the following day the requestor met an official at the GAC whorefused to be identified, and said the GAC will not release the information in theabsence of a letter from an institution that wants it.”

3.4 Oral Refusals

Oral Refusals was the second most frequent outcome after mute refusals. Oralrefusals are ways by which public officials avoid taking responsibilities for denyingrequests without being placed on record. There were Twenty-Eight oral refusalsin this survey. It usually happens on reading or hearing the oral requests and theofficial immediately gives a response of the non-availability of what is beingrequested.

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Oral Refusal in Ghana: the requester was denied the information for reasonsthat were not related to the procedure for refusal. “I was told that the responsewas ready. I was asked to see a particular officer who was supposed togive me the response. When I went to see the officer, he initially admitted itwas ready and engaged me in a lengthy conversation about bad conditionsof service and how some people come over to request for informationwithout thinking of their poor conditions of service. He asked if I couldbuy him a Black Star Jersey; (I was wearing one that day), when I said no,he said there was something he needed to check about the information soI should come later because he was busy.” The requester never got the responsebefore the cut off date of the survey.

Oral Refusal in Liberia: An oral refusal to provide information was receivedfrom the Liberia Telecommunications Authority (LTA) in response to a requestfor information. An employee of LTA from the Public Affairs Department whorefused to give his name told R4 that another person had earlier come for similarinformation, and he concluded that it was a policy of the LTA not to releaseclassified information about customers to the public because of legal implications.

Oral Refusal in Nigeria: A requester got an oral refusal from the anti-corruption commission. The requester was asking for details and processes ofhow corruptly acquired wealth that were recovered by the commission are dealtwith or disposed off. He said he was courteously attended to and was told thathe could not get the information. He was later sent into the library to forage forthe answer to his request

“When I got to the commission, an information officer called the secretaryand gave him instruction to the librarian to give me materials pertainingto my request and allow me seating space to search for my information.After a while in the library I couldn’t see anything relevant, I personallywent to the Librarian with my acknowledged letter but he told me that theinformation is confidential and would not be released.”

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Oral Refusal in Sierra LeoneAt what Ministry? The requester was told that “employees of the ministrywere sworn to an oath of secrecy, and unless the permanent Secretary (whois the official head of the ministry) gave his/her explicit consent; theinformation demanded would not be given out. He further went on to saythat should this permission be granted by the permanent Secretary, he wouldbe glad to assist us with our demands. The official who is also a lecturer inthe state University and strongly advocates for the dissemination ofinformation, said his role as a sworn civil servant means he is restricted, bylaw, in the information he can provide to the public.”

“He said the information demanded is classified as sensitive and addedthat had it merely been academic work he would have gladly given it. If hewere to give us the information we required, or to discuss the documentsconcerned, he would be acting in breach of the law and his professionalcontract. He concluded by informing us that the civil service has manyofficial protocols and bureaucratic hurdles to be crossed before informationis disseminated.”

Table 6: Oral Refusals as a Percentage of All Outcomes

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3.5 Transfers and Referrals

In the lax climate of record keeping including physical addresses of publicinstitutions and even the specific ministry that holds a particular record ordocument, it becomes an escape route for public officials to respond to certainrequest by sending the requester elsewhere. There are no guarantees that theright response would be given at the other end. Where there is good faith inbeing sent elsewhere because the request would be better answered by theother institution, the next step should be a transfer (where the request is redirectedthrough the internal process) or it is referred (where the requester is directedelsewhere).There were Fourteen of all requests filed that resulted in referralsand none was recorded as actually transferred.

Table 7: Transfers and Referrals as a Percentage of All Outcomes

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3.6 Information Not Held

Under this category a public institution will give this as an outcome if a requesterasks for information that it does not have in its records or archives. But in thisexercise where the requests were framed with the understanding that thisinformation will be readily available and were not under any exemption, theoutcomes of Information not Held would have only been made possible by thepublic official using his own discretion to deny the requester the right to have theinformation. For example in the Birth and Death Registry in Ghana while onerequester was told that the Ministry does not hold the information the otherreceived the same information.

There were twelve Responses that Information were not Held by the institutionsto which the requests were made during the survey.

The requester who was told that the Ministry is not holding the informationreported thus “I was asked to check through the major hospitals like Korle-Bu,Ridge and 37 other hospitals. The officer thinking that I had been sent by aninstitution also told me that they are lacking furniture in their office that I shouldtalk to my boss to help them.”

The other requester reported “I delivered the letter and was told that the ChiefExecutive was busy so I should see the Public Relations Officer (PRO). ThePRO read my request and gave me a document that answered my questions.She added a calendar and asked if I wanted something else.”

The contrasting nature of responses to the same request could only have occurredbecause of the disposition of the officer (if it is the same official), the person ofthe requester (the requester who got the information is a journalist while the onewho received the Information not Held outcome is an illiterate woman) or differentperson handling responsibilities of responding to public enquiries.

A similar example was recorded in Nigeria where two requesters who filedpaired requests to the Central Bank of Nigeria got two different responses ofInformation Received and Information not Held.

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Table 8: Information not Held as a Percentage of All Outcomes

3.7 Information Received

This is self explanatory and some of the responses were from diverse institutionswhich ordinarily were expected to hide information. Where information wasgiven, it was timely and some of the information that was received was beingmade public for the first time.

In Nigeria, eight of the twelve institutions to which request were sent, processedat least one request and gave some form of answer. Even the Central Bank andthe usually reticent officials of the Foreign Affairs Ministry responded.

In Liberia the National Elections Commission provided the information on howmuch was given to the Commission for the last general elections and how muchwas left unspent?

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A requester in Ghana not only got the Information he requested he also receiveda gift from the public official. He said “when I delivered the letter and wastold that the Chief Executive was busy, I was also told to see the PublicRelations Officer (PRO). The PRO read my request and gave me a documentthat answered my questions. She added a calendar and asked if I wantedsomething else.”

However the overall performance shows that there is a lot left to be done beforepublic officials can readily give government held information to members of thepublic.

Table 8: Information Received as a Percentage of All Outcomes

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3.8 Partial and Inadequate Information

This is another category of information that is processed but with intentions toconceal part of the information requested. In all there are eighteen requests thatwere partially processed in the four countries covered.

In Liberia the requests for the total reserve of virgin forests in Liberia accordingto counties got an answer that was not based on any data generated by theMinistry but by the calculation of one of the staff.

Responding to a request of how many contracts were awarded by the SierraLeonean government in 2009, the requester was directed to a website thatcontained all other information about the Ministry but not the number of contracts

Best Performing Institutions

Although the 50 public institutions to which requesters filed requests in the fourcountries under the survey may not be identical in their style of administration,they are bound by the law that demands their accessibility to members of thepublic that are interested in having access to their files and records that are notunder exemption. With this, the framework included being able to rank which ofthe institutions would be more open in line with the laws, to members of thepublic. In the ranking, the institution with more compliance and a higher rate ofinformation provided including partial and inadequate answers would naturallybe on top of the list.

a. Institutions that processed all RequestsForestry Development Authority, Liberia. This ministry processed allthe requests that were submitted. Five of the requested resulted inInformation Received while the other two were Partial Access. It is theonly institution in the four countries that processed all requests sent to it.

b. Institutions that processed fifty percent of all RequestsThe Supreme Court, Liberia processed four of the eight requests sentto it.

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The Legislature, Sierra Leone also process four of the seven requestssent to it.

c. Institutions that processed about twenty five percent of all Requests.Both the National Population Commission, Nigeria and the GeneralAuditing Commission, Liberia processed three of the eight requests thatwere sent to each of them during the survey.

Best Performing Country

All four countries involved in the survey operate a similar type of legal systemand the best performing institutions may not be a reflection of what happens allover the public sector of that country. However in this survey, Nigeria which isthe best performing country by getting more Information Received outcome didnot produce the best performing institution and also does not have a morereceptive public service system. The public service in Nigeria may have had aslight but not significant improvement over the last two surveys carried out in2006 and 2007. In those two surveys Nigeria gave a very poor impression ofthe request to open up the government to members of the public.

Liberia earned the credit for overall best performance. The Liberian public serviceproved to be more receptive to request for information by members of thepublic. Although Liberia came short by one Information Received outcome,there were fewer unable to submit and refusal to accept outcomes when comparedto those obtained in Nigeria. Although there were records of intimidations andrudeness they were equally fewer compared to other countries in the survey.

Sierra which demonstrated through some of the country’s transparency clausesespecially in the Local Government laws that it can enthrone accountability andpublic participation in the governance process recorded the most unimpressiveoutcome. It is the most bizarre scenario of how government officials can usetheir discretion to subvert good governance. Sierra Leone also showed thataccess to information is more than just being receptive. All but one of the requestin Sierra Leone was not submitted.

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Ghana trailed the three other countries in the survey. Ghana recorded the lowestInformation Received outcomes, has the highest outcome of Refusal to Acceptand also recorded a Not Submitted outcome which is not part of the original listof outcomes. It came about because some of the requesters could not locate theaddress of the ministries to which the requests were addressed.

Publicly Accessible Information and the Internet

The internet which is supposed to create more chances for open government isused to undermine access to government held information. In all four countriesunder the survey, the internet was used to ward off requesters. All requestersthat were directed to use the internet did not find any useful information from thenumerous websites to which they were referred. The websites either containedtoo much information that were irrelevant to the requester or were not regularlyupdated with information by the institutions.

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4.0 Findings by Monitoring Variables: Requesters andRequests

4.1 Discrimination in Provision of Information

Journalists, NGO Members and Ordinary People: Regular Clients

There are no clear indications whether there were deliberate attempts by publicofficials to discriminate in the release of information to the requesters. Althoughthe journalists and the NGO staff got more of the information received outcomesthey were also not immune from the general trend of the silent treatment and alittle dose of harassment and intimidation by public officials. In Ghana twojournalists received three information received outcomes out of the seven thatwere reported and in Liberia seven of the information received outcomes wererecorded by journalists. The experience in Nigeria is similar to that of Ghanawhile in Sierra Leone the three journalists in the team got only one informationreceived outcome. The NGO staff completed the other part of receivinginformation from the public institutions. It is an indication that even thoughjournalists and civil society workers are identified and grudgingly accepted aspossible outlets for the release of information to the public they can bediscriminated against too when public officials are opposed to open governmentand are upholding the oath of secrecy.

Excluded Group Requesters: Improved Respect for their Right to InformationThere were fears at the beginning of the survey that requesters in of the excludedgroup person’s category would have very difficult experience with public officials.But that was not to be as the report showed that the excluded group person;illiterate and disabled performed beyond the expected mark of having nothingpositive to record from the exercise. There were no recorded forms of hostilitiesor undue empathy directed at the physically challenged or the excluded membersof the survey team.

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Business Persons Dismissed on Flimsy Grounds

Discrimination against the business persons in the survey was made an issueonly in Ghana. They were dismissed on very flimsy grounds by public officialswho were apparently suspicious of the request for information from them. Whena requester in Ghana asked about the numbers of companies listed by countryof origin applied for land use in 2009 she was told that a business woman donot need such information for anything.

The other business person who asked to be provided with the number ofcomplaints received from projects that have previously been cleared by theEPA, broken down by sectors was asked “why this kind of question which isnot in line with your company background”?

In Nigeria, Sierra Leone and Liberia there were no discrimination againstbusiness persons requesting for information. They were denied access toinformation in the same way that other members of the team were denied.

Public Officials Reject Research

Students should ordinarily be treated better and be offered easy access toinformation because they are seeking information for research. That should bethe ideal situation but the reality provided by the survey, showed that studentsmust go through other persons or institutions like their schools to enjoy theirright to access information. In Ghana for example, the student requester reportedthat:

“After I submitted my request, the following day, my head of departmentcalled me to ask what question I had sent to the Ministry of Interior, thatsomeone had called from the ministry to seek clarification. I returned fora follow up and was told by the PRO that the information would be sentto my office when it is ready or better still I should contact my head ofdepartment. The information never came.”

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In Nigeria the issues were the same. A requester reported that “While waitingat the reception, a young man emerged and told me that the SpecialAssistant (SA) to the DG would like to see me. The SA then told me that asa research student that I have no right to seek for any information on myown. Again that it is the responsibility of my school or my Dept to write onmy behalf for the kind of information (the first and second) I am requestingtheir organization to give to me and that such must be written on the schoolletter head, stamped and signed by the appropriate authority before theinformation can be given to me.”

Another requester who is a student said “I was told that they can give outsuch information only if my letter of request came through the normaloffice channels. Again, because it is information that has to do withaccounts, that my letter must be addressed to the Chief Executive Officer(CEO) of National Library Nigeria. She also told me that my request mustbe written on my school letter- head and the request be made on my behalfby my school authority.”

In response to the request of how much of the Liberian tax payers’ money wasused to pay for the president’s foreign trips between 2008 and 2009, the studentwas told that what she needed was sensitive and could not be provided unlessdetails of who is behind the request (apparently the school) are provided

In Liberia a student tried pushing his luck that he is a researcher working withina deadline and asked if he could get some materials in the absence of the official therequests were addressed to. He was told it was not possible to obtain informationrequested while the person the requests were addressed to was out of the country.

4.2 The Requests

The requests are mainly public interest requests framed within the provisions ofthe laws of each of the four countries were the survey took place. There wereno requests for classified documents but that did not stop the public official fromclaiming in some institutions that requests were made for classified documentsand therefore could not be released. Others had some strange reasons for refusingto process requests.

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In Liberia a request sent to the Ministry of Finance and addressed to the Director-Division of Real Estate Tax got a response seven days after from an aide whotold the requester that the information requested on the breakdown of PresidentEllen Johnson-Sirleaf’s annual real estate tax between 2006 and 2009 wasregarded as President Sirleaf’s private information and therefore could not bemade public

In Nigeria a requester asking for details including costs, dates, and institutions oftraining received by junior staff of the Ministry of Communications betweenJanuary and December 2009 said,

“I was referred to several offices and was finally told by one of the staff tocome back with my purse loaded as my request was very cumbersome thushe needs to be taking light refreshments in-between when collating thedata.”

In Sierra Leone the Independent Media Commission said a request on the howmany complaints of professional misconduct were made against the media in2009 and the outcome of those complaints was considered too confidential tobe given out. While in Ghana, the requests on how many foreigners have appliedto be registered as citizens of Ghana since 2000 was seen to be too delicate tobe released for public consumption.

4.3 Conclusion

In the absence of a follow-up interview through which it would have been easierto determine why public officials released information to requesters in the patternthey did, it is still clear especially through the previous researches carried out byMedia Rights Agenda, that the public official in the Continent has a mindset ofholding back even the most routine information from members of the public.

This survey with its outcomes; threats to requesters life, intimidation abuses andharassment during the survey confirm the assumption that transparency has noplace in the governance process in Africa as public officials are yet to find thelinkages between the wholesale poverty and massive corruption and access togovernment held information.

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4.4 Recommendations:

Apparently from the survey, transparency is in peril and accountability cannotbe guaranteed. It also means that public participation in the governance processwill be difficult if not impossible to sustain. To ensure that the right of access toinformation in these public institutions with access to information provisions inthe law establishing are regularly used by the citizens we make the followingrecommendations:

· Governments should carry out institutional reforms and make clear toofficials and all other relevant personnel in public institutions with accessto information provisions that discrimination in treatment of informationrequests and in provision of information is unacceptable.

· Governments should clearly spell out the disciplinary and possible legalconsequences of discrimination in treatment of information requests andin provision of information to members of the public in such institutions

· Government should provide regular training to strengthen the recordkeeping system of such institutions with access to information provisionsin the laws that established them.

· Government should work on a review of the laws with access toinformation provisions to include regulations on referral or transfer fromone public institution to another as well as appeal when information isdenied to members of the public.

· Training of staff and personnel on information management, receipt andmethods of responding to public enquiries in the institutions with accessto information provisions in their laws.

· Generating public awareness about the access to information provisionsin some of the laws in operation within the public services so thatmembers of the public can formulate the right requests when asking forinformation.

Findings by Monitoring Variables: Requesters and Requests

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· There must be an intensive education for public officers on the access toinformation provisions in existing laws that established the institutions.

· Civil society should monitor compliance with the access to informationprovisions in these public institutions to see if the practices conform toacceptable standards provided for in the laws.

· Public institutions with access to information provisions should adopt acommon practice of responding to request for information by conductingtraining on procedures and methodologies for response.

· Public bodies should ensure that all their personnel, including securityand reception staff, have a basic understanding of the content of thelaws and the right of members of the public to request and access publicinformation.

·  Public officials in these selected institutions must designate personnel toreceive requests for information in compliance with the law.

(Footnotes)

1 Recommendation Rec(2002)2 of the Committee of Ministers to member stateson access to official document (Adopted by the Committee of Ministers on 21February 2002 at the 784

th

meeting of the ministers

’ deputies)

http//cm.coe.int/E/Public/2002/adopted.texts/recommendations/2002r.htm

Findings by Monitoring Variables: Requesters and Requests

44

Page 59: Ask and you may receive

Requests and Requestors by Country

SIERRA LEONEMohamed Kallon, Requestor 1

Ministry, Department,Agency/Institution

I M C

Statistics Sierra Leone

MSWG & CA

C o m p a n i e sCommission

Questions Submitted byRequestor 1

Please provide the outcomeof media monitoring carriedout between 2007 & 2009

Question 1: Please provideus the list of contractors thatproduced I E C Materials,samples of work done andhow much each contractorwas paid?Question 2: Give us abreakdown of how much waspaid each enumerator in thelast Census?

Please provide the totalnumber of women employedin position of authority inthis Ministry?

How many companies havebeen sanctioned between2004 and 2009 forcontravening the order topublish their financialstatement?

Outcomes

Refusal

Refusal

MuteRefusal

MuteRefusal

Appendix

45

Page 60: Ask and you may receive

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 1

Outcomes

Requests and Requestors by Country

The Presidency

HIV/AIDS Secretariat

NPP A

Please provide us details of thePresident’s overseas tripsfrom 2007 till date and thecost to the nation’s tax payers?

Please provide the records ofyour implementing partnerbetween 2008 and 2009

How many contracts wereawarded by Government in2009?

Refusal

MuteRefusal

MuteRefusal

46

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 2

Outcomes

E n v i r o n m e n t a lProtection Agency

E n v i r o n m e n t a lProtection Agency

National HIV?AIDS

The Legislature

The Presidency

Independent MediaCommission

How many EnvironmentalImpact Assessments werecarried out and submittedbetween 2006 and 2009

Please provide EIAdocuments for the BumbunaHydro Electricity Project

Please provide the names ofinternational partnersoffering assistance HIV/AIDS programme in SierraLeone and how much wasdonated by each partner.

Please provide reasons on thenumber of days thatparliament did not sit in thepast five years

Please provide us details ofthe president’s over sea’strips from 2007 till date andthe cost to the nation’s taxpayers.Please provide detailsincluding names andaddresses of application forelectronic and print medialicense in 2009

Refusal

Refusal

MuteRefusal

InformationReceived

Refusal

M u t eRefusal

Samuel Oroma, Requestor 2

Requests and Requestors by Country

47

Page 62: Ask and you may receive

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 2

Outcomes

Requests and Requestors by Country

Independent MediaCommission

The CompaniesCommission

G o v e r n m e n tBudgeting &Accountability Office

How many complaints ofprofessional misconduct weremade against the Media in2009 and what the outcome ofeach investigation?

How many companies havepublished the abridge versionof their financial statement inthe past two years

Please provide for us, what itcosts to maintain the armforces between 2005 and2009

MuteRefusal

MuteRefusal

Refusal

48

Page 63: Ask and you may receive

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 3

Outcomes

Requests and Requestors by Country

National PublicProcurement

E n v i r o n m e n t a lProtection Agency

Ministry of SocialWelfare Gender &Children Affairs

Statistics SierraLeone

The Presidency

How many contracts wereawarded by government in2009?

How many environmentalimpact assessments werecarried out and submittedbetween 2006 and 2009?

Please provide the totalnumber of women employedin positions of authority inthis Ministry MSWG &CAoffice

Please provide us the list ofcontractors that producedinformation education andeconomization materials,samples of work done andhow much each contractorwas paid?

Please provide us details ofthe president overseas tripsfrom 2007 till date and thecost to the nation’s taxpayers.

Refusal

Refusal

Refusal

Refusal

Refusal

Mohamed Norman, Requestor 3

49

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 3

Outcomes

Requests and Requestors by Country

G o v e r n m e n tBudgeting andAccountability office

Local Government

Please provide for us, what itcost to maintain the Armedforces between 2005 and2009

We requests the minutes ofthe first council meeting ofFreetown city council held in2010

Refusal

Refusal

50

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 4

Outcomes

Requests and Requestors by Country

George Mustapha, Requestors 4

NPPA

National HIV/AIDSSecretariat

E n v i r o n m e n tProtection Agency

Ministry of SocialWelfare Gender &Children affairs

Statistics SierraLeone

The Legislature

Give us the name of Ministrywith the highest number ofapproved bids including detailsof cost for each bid in 2009

Please provide the records ofperson’s living with HIV/AIDSby gender in Sierra Leone andhow many people have accessto anti-retroviral drugs?

We request the details of theimpact report for the proposedCharlotte Hydro ElectricityProject

How many children wererescued from being traffickedbetween 2008 and 2009?

How many complaints byregion were received bystatistics Sierra Leonefollowing the 2004 Census andwhat were the outcomes.

Provide for us details of thenumber of preliminaryvacancies between 2008 and2009

Refusal

InformationReceived

Refusal

Refusal

Refusal

InformationReceived

51

Page 66: Ask and you may receive

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 4

Outcomes

Requests and Requestors by Country

Please provide us documentsof financial assistance givenby World Bank ICF to thecommission so far tofacilitate ease of doingbusiness?

What is the process that thisoffice uses to monitor andevaluate the implementationof the national budget?

C o m p a n i e sCommission

G o v e r n m e n tBudgetary andAccountability Office

Refusal

Refusal

52

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Solomon Wilson, Requestor 5

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 5

Outcomes

G o v e r n m e n tBudgeting &A c c o u n t a b i l i t yOfficeIMC

MSWG & CA

Statistics SierraLeone

C o m p a n i e sCommission

The Presidency

Local Government

Could you please give usbreakdown of tax revenuecollected by the regions in2009?How many licenses werereported in the past 5 years andfor what reason?How many cases of child abuseand gender base violence werehandled by the Ministry in2009 and what were the outcome of these casesHow many women by regionare in Sierra Leone accordingto 2004 Census?How many companies havepublished the abridge versionof their financial statement inthe past 2 years?How many notices ofdeclaration of emergencywere issued by the presidentbetween 2007 and 2010?Please provide the list andaddresses of contractorsengaged by F C C in 2009.

MuteRefusal

MuteRefusal

MuteRefusal

MuteRefusal

MuteRefusal

MuteRefusal

MuteRefusal

Requests and Requestors by Country

53

Page 68: Ask and you may receive

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 6

Outcomes

Requests and Requestors by Country

Abibatu Koroma, Requestor 6

National HIV/AIDS

Ministry of SocialWelfare

Independent MediaCommission

Parliament

NPPA

Ministry of Finance

Office of the nationalsecurity (ONS)

Please provide the names ofinternational partners offeringassistance HIV/AIDS programmein Sierra Leone and how much wasdonated by each partner.Please provide the totalnumber of women employedin position of authority in thisministry?How many cases ofprofessional misconduct werereported against the Media in2009 and what the outcome?How many women by partyhave served in parliament inthe last 5 years?What was the total cost of bidsapproved for procurement in2009How many voted and whatpercentage was spent on bothhealth and agriculture budgetin 2009?How many notices ofdeclaration of emergencywere issued by the presidentbetween 2005 and 2010?

InformationReceived

MuteRefusal

MuteRefusal

InformationReceived

MuteRefusal

MuteRefusal

MuteRefusal

54

Page 69: Ask and you may receive

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 7

Outcomes

Requests and Requestors by Country

Ibrahim Kandeh, Requestor 7

N P P A

Local Government

E n v i r o n m e n t a lProtection Agency

Ministry of SocialWelfare Children &Gender AffairsGovernment budgetingAccountability Office

C o m p a n i e sCommission

We request to know the totalnumber of rejected bids forthe year 2009 and reasons forrejection?We request the currentinventory of assets ofFreetown City Council?We request the list of firmsclearing the capital and theamount spent annually?How many children wererescued from being traffickedbetween 2008 and 2009?How much was voted and whatpercentage was spent on bothhealth and agriculture budgetin 2009?How many members of publicby region have paid to inspectthe register of companies inthe past two years?

MuteRefusal

MuteRefusal

MuteRefusal

MuteRefusal

MuteRefusal

MuteRefusal

55

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 8

Outcomes

Requests and Requestors by Country

Mohamed Dukulay, Requestor 8

Local Government

Local Government

Ministry of SocialWelfare Gender &Children’s Affairs

I M C

C o m p a n i e sCommission

Statistics Sierra Leone

Legislature

G o v e r n m e n tBudgeting &Accountability

Please provide list andaddresses of contractorsengaged by the Freetown CityCouncil in 2009We request minute of 1st

council meeting of FreetownCity Council held in 2010How many cases of child abuseand gender base violence werehanded by the ministry in2009, and what were theoutcomes of these cases?Please provide the outcome ofmedia monitoring carried outbetween 2007 and 2009?How many companies have beensanctioned between 2004 and2009 for contravening the orderto publish the financial statement?How many women by regionare in Sierra Leone accordingto 2004 Census?How many women by partieshave served in the parliamentin the last 5 years?What are the processes that thisoffice used to monitor andevaluate the implementation ofnational budget?

MuteRefusal

MuteRefusal

MuteRefusal

MuteRefusal

Unable toSubmit

InformationReceived

InformationReceived

InformationReceived

56

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 9

Outcomes

Requests and Requestors by Country

Abu Bakarr Joe Sesay, Requestor 9

N P P A

E n v i r o n m e n t a lProtection Agency

National HIV/AIDSSecretariat

Statistics Sierra Leone

The presidency

Give us the name of theministry with the highestnumber of approved bidsincluding details of cost foreach bid.We request the list of firmsclearing the capital and theamount spent annually.Please provide the records ofperson living with HIV/AIDSby gender and region in thecountry and how many peoplehave access to anti retroviraldrug?Please provide us list ofcontractors that produced IECMaterials, samples of workdone and how much eachcontractor was paid?Could you please provide uswith a list of the benefits ofthe president’s foreign trips toSierra Leone?

MuteRefusal

Refusal

InformationReceived

Refusal

Refusal

57

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 10

Outcomes

Requests and Requestors by Country

Massah Turay, Requestor 10

I M C

Ministry of Finance

C o m p a n i e sCommission

The Presidency

E n v i r o n m e n t a lProtection Agency

National PublicP r o c u r e m e n tAuthorityHIV/AIDS Secretariat

How many lines were revokedin the past 5 years and for whatreason?How much voted and whatpercent was spent on healthand agriculture ministries.Please provide us financialassistance received from ICFand World Bank to facilitatecase of doing businessProvide details of presidentoverseas trip from 2007 todate and the cost to nation’stax payers.Provide environmental inputassessment for the BumbunaHydro electricity projectWhat was the total cost of bidfor contract awarded forprocurement in 2009?Provide Details of antiretroviral drugs by nation ofmanufacturer that areavailable in the country.

No reply

Put it inwriting

No reply

No reply

Put it inwriting

No reply

No Reply

58

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 11

Outcomes

Requests and Requestors by Country

Sahr Kortequee, Requestor 11

Local Government

E n v i r o n m e n t a lProtection Agency

HIV/AIDS Secretariat

Statistics Sierra Leone

The Presidency

The Legislature

We request the currentinventory of assets ofFreetown City CouncilWe request the details of theenvironmental impactassessments report for theproposed Charlotte hydroelectricity projectPlease provide the names ofinternational partners offeringassistance to the HIV/AIDSProgramme in Sierra Leoneand how much was donated byeach partner.Give us a breakdown of howmuch was paid eachenumerator in the last CensusGive details of personsprosecuted for disclosing anydeclaration of emergencysince 2005.Could you please provide mewith records of parliamentarytruancy and punitivemeasures taken?

MuteRefusal

MuteRefusal

PartialAccess

MuteRefusal

MuteRefusal

MuteRefusal

59

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 12

Outcomes

Solomon Rogers Requestor 12

NPPA

Local Government

Local Government

HIV/AIDS Secretariat

Ministry of SocialWelfare Gender &Children affairs

I M C

We request the total numberof rejected bids for the year2009 and reason for therejection

We request for the minutesof 1st council meeting ofFreetown City Council heldin 2010

We request the editedfinancial report of FCC for2008/2009

Please provide the records ofperson’s living with HIV/AIDS by gender in SierraLeone and how many peoplehave access to anti-retroviraldrugs?

Please provide the totalnumber of women employedpositions of authority in thisministry

Please provide detailincluding names & addressesof application for electronicand print media licenses in2009

MuteRefusal

MuteRefusal

MuteRefusal

MuteRefusal

IncompleteAnswer

Refusal

Requests and Requestors by Country

60

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 12

Outcomes

Requests and Requestors by Country

C o m p a n i e sCommission

Statistics Sierra Leone

The Presidency

Please provide us documentsof financial assistance givenby World Bank ICF to thecommission so far tofacili tate ease of doingbusiness?

How many by region are inSierra Leone according tothe 2004 census?

Please provide us with a listof the benefits of thePresident’s foreign trips toSierra Leone.

Refusal

Refusal

Refusal

61

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GHANAPrint Media Journalist/P.M.J 1 – R1

Requests and Requestors by Country

Births And DeathsRegistry:

Social Security AndNational InsuranceTrust (SSNIT):

E n v i r o n m e n t a lProtection Agency

Land Registry:

Ghana Ports AndHarbours Authority

Provide us with the totalnumber of deaths in Ghanabetween 2004 and 2009 byregional breakdown.Please provide us with thenumber of employers that weresanctioned for defaulting inPayment of pensioncontributions between 1999and 2009 and the outcome ofthe cases.Please provide us with thenumber of complaintsreceived from projects thathave previously been clearedby the EPA, broken down bysectors.We would be glad if you couldkindly provide us by regionthe total land mass approvedfor private housingdevelopment in 2008 for eachregion.We would be glad if you couldkindly provide us a list of thecurrent dues and rates for portusage.

Oral Refusal

InformationReceived

Mute Refusal

Referred

InformationReceived

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 1

Outcomes

62

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 1

Outcomes

Bank Of Ghana

Electoral Commission

Ministry Of Interior

Audit Service

Public Records AndArchives

We would be glad if you couldkindly provide us the cost ofredenomination of theGhanaian currency in 2007including the cost of printingnew notes and minting newcoins.We would be glad if you couldkindly provide us with abreakdown of the totalamount spent for the DistrictAssembly elections in 2006.We would be glad if you couldkindly provide us the numberof foreigners that have hadtheir Ghanaian citizenshiprevoked since 2000.We would be glad if you couldkindly provide us the totalnumbers of audited report ofpublic accounts that weredistributed between 2008 and2009.Please provide us with the listof persons punished between1999 and 2009 for willfulmutilation or destruction ofpublic records.

Unable toSubmit

P a r t i a lAccess

Mute Refusal

Unable toSubmit

Unable toSubmit

63

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 2

Outcomes

Requests and Requestors by Country

National PetroleumAuthority

Public Records AndArchives

Land Registry

Ministry Of Interior

Audit

Electoral Commission

How many licenses have beenissued to oil companies sinceinception, (Both Local andForeign)Provide us with the number ofagencies prosecuted for nonsubmission of two copies ofits official publication to theDirectorQuestion 1: Please provide byregion the total land massapproved for private housingdevelopment in 2008.Question 2: How manycompanies listed by countryof origin applied for land usein 2009?How many foreigners havebeen registered as citizens ofGhana since 2000?Provide us with the list ofpublic institutions that havebeen sanctioned after beingindicted in audit report.Provide us with a breakdownof the total amount of moneyspent in the 2008 elections

InformationReceived

Unable toSubmit

Refusal toaccept

Oral Refusal

Refusal toAccept

M u t eRefusal

Print Media Journalist/P.M.J 2 – R2

64

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 3

Outcomes

Requests and Requestors by Country

Electoral Commission

Ministry Of Interior

Bank Of Ghana

Social Security AndNational InsuranceTrust (SSNIT)E n v i r o n m e n t a lProtection Agency(EPA)

Public Records andArchives

Minerals and MiningCommission

Audit Service

How many complaints ofcorrupt practices were madeagainst staff of thecommission in the last generalelections?How many foreigners haveapplied to be registered ascitizens of Ghana since 2000?How many pieces of the newtwo cedi notes were printedand at what cost?Please provide the totalpension paid to the armedforces between 2005 -2009.How many companies havebeen sanctioned forenvironmental devastationarising from their operationsfrom 1999-2009?Provide the number of agenciesprosecuted for non submissionof two copies of its officialpublication to the Director.Provide the number of miningleases that have been cancelledbetween 1999 and 2009.We require the statement offoreign exchange receipts andpayments by the bank of Ghanafor 2009

Unable toSubmit

Refusal toAccept

Refusal toAccept

Refusal toAccept

Refusal toAccept

Refusal toAccept

Refusal toAccept

Refusal toAccept

Broadcast Media Journalist/B.M.J – R3

65

Page 80: Ask and you may receive

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 4

Outcomes

Requests and Requestors by Country

E l e c t o r a lCommission

Ghana Ports /Harbours Authority

• How many registeredpolitical parties are therein Ghana?

• How many complaints ofcorrupt practices weremade against staff of thecommission in the lastgeneral elections?

• Provide us with abreakdown of the totalamount of money spent inthe 2008 elections

• Provide us with abreakdown of the totalamount spent for theDistrict Assemblyelections in 2006

• Provide the amount ofrevenue generated fromports usage annuallybetween 1999 – 2009.

• Please provide us with thecurrent copy of dues andrates for port usage.

• We request the number offirms that were prosecuted

Refusal toAccept

Refusal toAccept

NGO 1 – R4

66

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 4

Outcomes

Requests and Requestors by Country

Ghana Audit Service

in the last two years fordefaulting in payment ofport dues and rates

• The number of cars thatwere confiscated between2004 – 2009 and thereasons for confiscation

• Please provide us withcopies of the auditedaccounts of publicinstitutions for the year2008 - 2009.

• We require the statement offoreign exchange receiptsand payment by the Bank ofGhana for 2009

•Please provide totalnumbers of audited reportof public account that wasdistributed in 2008 to2009

• Provide us with the list ofpublic institutions that havebeen sanctioned after beingindicted in audit report

M u t eRefusal

67

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 4

Outcomes

Requests and Requestors by Country

Public Records/Archives

Births/Deaths Registry

• Please provide the numberof organisations that usedthe services of thisinstitution between 2004 –2009

• Which department oragency failed to deposittheir publications forarchiving in 2009?

• Provide the number ofagencies prosecuted fornon submission of twocopies of its officialpublication to the Director

• Provide the list of personspunished between 1999 to2009 for wilful mutilationor destruction of publicrecords.

•Provide by regionalbreakdown the total numberof death between 2004 and2009.

• Provide total number ofbirth by naturalizedGhanaians in 2009.

• We want details of fetaldeaths recorded between1999 and 2009.

Unable toSubmit

Informationnot Held.

68

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 4

Outcomes

Ministry of Interior

E n v i r o n m e n t a lProtection Agency(EPA)

• How much was made fromthe inspection of theregisters of bir ths anddeaths between 1999 and2009?

• Please provide us details ofthe number of foreignersresident in Ghana bynationality

• How many foreigners haveapplied to be registered ascitizens of Ghana since 2000.

• How many foreigners havebeen registered as citizensof Ghana since 2000

• How many foreigners havehad their Ghanaiancitizenship revoked since2000

• Provide us with the numberof complaints received fromprojects that have previouslybeen cleared by the EPAbroken down by regions

• Provide us with the totalnumber of environmentprotection inspectorsbroken down by regions

Referred

Oral Refusal

Requests and Requestors by Country

69

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 4

Outcomes

Social Security AndNational InsuranceTrust (SSNIT)

• Provide us with the numberof complaints receivedfrom projects that havepreviously been cleared bythe EPA, broken down bysectors

• How many companies havebeen sanctioned forenvironmental devastationarising from their operationsfrom 1999 - 2009

• We request the list of allventures that SNIIT hasinvested in since 2000

• Please provide the totalpension paid to the ArmedForces between 2005 –2009

• We request the number ofpensioners that have died inthe past five years

• We request the number ofemployers that were triedfor defaulting in Paymentof pension contributionbetween 1999 - 2009 andthe outcome of the trials

Mute Refual

70

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 5

Outcomes

National PetroleumAuthority

E n v i r o n m e n t a lProtection Agency

Public Records AndArchive

Lands Registry

Ghana Ports andHarbour

Bank of Ghana

Provide the number ofGhanaian companies that havebeen denied registration bythe NPA.

Provide us with the totalnumber of environmentprotection inspectors brokendown by regions

Which departments /agencies failed to deposittheir publications for thearchiving in 2009?

Provide us with the names offirms & total land massapproved for industrial usebetween 2004 and 2009.

How many cars wereconfiscated between 2004and 2009? What were thereasons for confiscation?

Question 1: We request thecopies of the Bank of Ghana’saudited report annuallybetween 1999 - 2009

M u t eRefusal

M u t eRefusal

M u t eRefusal

M u t eRefusal

M u t eRefusal

M u t eRefusal

NGO 2 – R5Requests and Requestors by Country

71

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 5

Outcomes

Requests and Requestors by Country

Question 2: Provide uswith the cost ofredenomination of theCedi in 2007 including thecost of printing new notesand minting

Question 1: Pleaseprovide us with the totalnumber audited report ofpublic account that wasdistributed between 2008 –2009.Question 2: Provide uswith the lis t of publicinstitutions that have beensanctioned after beingindicted in audit report.

Audit M u t eRefusal

72

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 6

Outcomes

Requests and Requestors by Country

Business Person 1/B.P1 – R6

Bank Of Ghana

Minerals and MiningCommission

E n v i r o n m e n t a lProtection Agency

Ghana Ports AndHabour

Births And DeathsRegistry

National PetroleumAuthority

How many banks have beenlicensed by the bank of Ghanabetween 1999 and 2009?Provide the number ofcompanies including countryof origin given mining leasessince 2000Provide us with the number ofcomplaints received fromprojects that have previouslybeen cleared by the EPA,broken down by sectorsQuestion 1: We request thenumber of firms that wereprosecuted in the last twoyears for defaulting inpayment of port dues andratesQuestion 2: How many carswere confiscated between2004 and 2009? What werethe reasons for confiscation?Provide us with the details offoetal deaths recordedbetween 1999 - 2009Please provide the details ofDirectors of foreign firmsengaged by the NPA

Informationnot Held

Mute Refusal

Mute Refusal

Mute Refusal

Mute Refusal

Mute Refusal

73

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 7

Outcomes

Requests and Requestors by Country

Business Person 2/B.P2 – R7

Minerals And MiningCommission

E n v i r o n m e n t a lProtection Agency

National PetroleumAuthority

E l e c t o r a lCommission

Ghana Ports AndHarbours Authority

Land Registry

Please provide the quantity ofgold that was exportedbetween 1999 – 2009, andthe value in US Dollars.

Provide us with the number ofcomplaints received fromprojects that have previouslybeen cleared by the EPAbroken down by sectors.

Please provide the number ofdays in 2009 that the NPA hasincreased oil prices

How many registered politicalparties are there in Ghana?

Provide the amount ofrevenue generated from portsusage annually between 1999– 2009

How many companies listedby country of origin appliedfor land use in 2009?

Mute Refusal

Mute Refusal

Mute Refusal

Refusal toAccept

Refusal toAccept

Refusal toAccept

74

Page 89: Ask and you may receive

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 8

Outcomes

Requests and Requestors by Country

E l e c t o r a lCommission

Audit Service

Ministry of Interior

National PetroleumAuthority

E n v i r o n m e n t a lProtection Agency

Land Registry

How many complaints ofcorrupt practices were madeagainst staff of the commissionin the last general elections?We require the statement offoreign exchange receipts andpayment by the Bank of Ghanafor 2009How many foreigners haveapplied to be registered ascitizens of Ghana since 2000?Please provide the number ofGhanaian companies that havebeen denied registration by theNational Petroleum Authority.Question 1: Provide us withthe total number ofenvironment protectioninspectors broken down byregionsQuestion 2: How manycompanies have beensanctioned for environmentaldevastation arising from theiroperations from 1999 - 2009How many hectares of land byregion were recovered fromland encroachers between2005 and 2009?

Refusal toAccept

Refusal toAccept

Refusal toAccept

Refusal toAccept

Refusal toAccept

Refusal toAccept

Student 1/S.D1 – R8

75

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 9

Outcomes

Requests and Requestors by Country

Ghana Ports AndHabours Authority(GPHA)

Minerals And MiningCommission

Social Security AndNational InsuranceTrust (SSNIT):

Bank Of Ghana (BOG)

Births And DeathsRegistry

I would like to have recordsof dues and rates collectedby your outfit in the last twoyears?

Provide the quantity of goldexported between the periods1999 and 2009.

I would like to have a list ofall ventures in which SNNIThas invested since the year2000

I would specifically like toknow the quantity of new TwoCedis notes that Bank ofGhana recently circulated inthe economy and how muchdid it cost the Central Bankto print them

I want to know the number offoetal deaths recorded by theRegistry since 2000Requestor was supposed toask: ‘How much was madefrom the inspection of theregisters of births anddeaths between 1999 and2009?’

M u t eRefusal

M u t eRefusal

InadequateAnswer

M u t eRefusal

InformationReceived

Student 2/S.D2 – R9

76

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 9

Outcomes

Requests and Requestors by Country

Public Records AndArchives Department(PRAAD)

The ElectoralCommission (EC)

List of organizations thathave been using theservices of PRAADbetween 2004 and 2009?

I would specifically liketo know the totalexpenditure of theCommission inorganizing the 2008elections.

InformationReceived

Refusal toAccept

77

Page 92: Ask and you may receive

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 10

Outcomes

Requests and Requestors by Country

Excluded Group Person (Illiterate) E.G.P.I – R10

Registration of Births& Deaths

Social Security AndNational InsuranceTrust (SSNIT)

Minerals and MiningCommission

Public Records andArchives

Land Registry

Ministry of Interior

Question 1: Please provideus with the total number ofbirth by naturalized Ghanaiansin 2009.Question 2: Please provideus with the details of foetaldeaths recorded between1999 and 2009.

Please provide the totalpension paid to the ArmedForces between 2005 and2009.

Please provide the number ofmining leases that have beencancelled between 1999 and2009.

Which department or agencyfailed to deposit theirpublications for archiving in2009?

How many hectares of landsby region were recoveredfrom land encroachersbetween 2005 and 2009?

How many foreigners havehad their Ghanaian citizenshiprevoked since 2000?

Informationnot Held

Informationnot Held

Refusal toAccept

Refusal toAccept

Refusal toAccept

Oral Refusal

78

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NIGERIARaliat Ahmed (R1)

Requests and Requestors by Country

Ministry of ForeignAffairs

Ministry of Health

Ministry ofInformation andCommunications

Independent NationalElectoral Commission(INEC)

National Library

Please provide me with a listof all the Foreign Missionsin Nigeria

How much has Nigeria spentfor the purchase of anti-retroviral drugs since 1999and from which countrieswere they purchased?

Please provide me with detailsof the telecommunicationsservice providers sanctionedfor violation of any of theiroperating requirements since2005

Please provide me with abreakdown of how much wasspent by the commission forprinting of election materialsin the 2007 elections,including ballot papers,voters registers, voters cards,public enlightenment etc

Please provide the breakdownby State, of the number ofpeople who used the librarybetween 2004 and 2009

InformationReceived

Mute Refusal

Referred

Mute Refusal

Referred

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 1

Outcomes

79

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 1

Outcomes

Ministry of InternalAffairs

National PopulationCommission

Corporate AffairsCommission (CAC)

Independent NationalElectoral Commission(INEC)

Independent CorruptPractices and OtherRelated OffencesCommission (ICPC)

Please provide me with thelist of foreigners who appliedfor Nigerian Citizenshipbetween 2005 and 2009 Please provide me with adetailed description of themachinery in place, includingmodern technological tools,used for the continuous anduniversal registration ofbirths and deaths throughoutthe country.Please provide me with thenumber of companiesregistered in Nigeria between1999 and 2009How much did theCommission receive fromforeign donors in support ofits preparations for the 2007elections broken down bydonor?Request: Please give medetails of corruptly acquiredwealth that the commissionhas recovered since 2003 andthe persons or institutionsfrom whom they wererecovered with details of howmuch was recovered fromthem

Mute Refusal

InformationReceived

Mute Refusal

Mute Refusal

Mute Refusal

80

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Ugo Sandra Doom (R2)

Requests and Requestors by Country

Standard Organizationof Nigeria

Corporate AffairsCommission (CAC)

Independent NationalElectoral Commission(INEC)

Nigeria ExtractiveI n d u s t r i e sTransparency Initiative(NEITI)

I humbly request to have thedetails of scientificpublications compiled andpublished by the Organizationin accordance with itsfunctions under section 5(1)(K) of the StandardOrganization of Nigeria Act.

Please provide me with thenames of all the companiesprosecuted for failing tosubmit their Audited AnnualAccounts between 2005 and2009.

Request: I humbly request toknow the number ofcomplaints of corruptpractices which were madeagainst staff of theCommission in the 2007general elections and howmany of them wereprosecuted

I humbly request for copiesof all the Oil CompaniesFinancial Audit report for2009.

P a r t i a lAccess

Refusal toAccept

Refusal toAccept

Mute Refusal

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 2

Outcomes

81

Page 96: Ask and you may receive

Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 2

Outcomes

Ministry ofInformation andCommunication.

Ministry of ForeignAffairs.

National Library.

Ministry ofEnvironment

Bureau of PublicProcurement

I humbly request for detailsincluding costs, dates, andinstitutions of trainingreceived by junior staff of theMinistry between Januaryand December 2009.I humbly request forinformation regarding thelist of Foreign Missions inNigeria.I humbly request to have thedetails of the volume ofholding in the NationalLibrary broken down bypublication type.I humbly request for detailsregarding the numbers ofcommunities by State thatwere ravaged by erosion in2009.I humbly request for the totalcost of all the contractsawarded for procurement ofgoods, works and services in2009.

Refusal toAccept

Refusal toAccept

Refusal toAccept

Unable toSubmit

Refusal toAccept

82

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Brown Andrew (R3)

Requests and Requestors by Country

Nigeria ExtractiveI n d u s t r i e sTransparency Initiative(NEITI)

Corporate AffairsCommission (CAC)

Independent CorruptPractices and OtherRelated OffencesCommission (ICPC)Standard Organizationof Nigeria (SON)

Ministry ofCommunication

Please make available to mea list of all extractivecompanies that have beensanctioned by NEITI since2007 for non-disclosure ofinformation and the sanctionsmeted out to each of them.Please provide me with thelist of companies registeredin Nigeria by foreignersbetween 1999 and 2009.Please give me a list of thecorruption cases that theCommission has charged tocourt since 2003.Provide me with details ofhow many companies ororganizations have beensanctioned for importation ofsub-standard electronicproducts between 2004 and2009.Please provide me with detailsof the telecommunicationsservice providers sanctionedfor violation of any of theiroperating requirements since2005

Mute Refusal

Mute Refusal

Mute Refusal

Mute Refusal

Mute Refusal

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 3

Outcomes

83

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 3

Outcomes

Ministry of Health

Ministry of InternalAffairs

Ministry ofEnvironment

How much has Nigeria spentfor the purchase of the anti-retroviral drugs since 1999and from which countrieswere they purchased?How much has beengenerated from applicationfees from foreigners seekingNigerian citizenshipHow many villages orcommunities were affectedby oil spillages in the NigerDelta region from 1999 to2003?

Referred

Mute Refusal

Mute Refusal

84

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Mavis Ideba (R4)

Requests and Requestors by Country

Ministry ofInformation andCommunications

National PopulationCommission

Corporate AffairsCommission (CAC)

Nigeria ExtractiveI n d u s t r i e sTransparency Initiative(NEITI)Independent CorruptPractices and OtherRelated OffencesCommission (ICPC)

What technological advanceshave been made by theMinistry in informationdissemination since 1999?Provide record, broken downby states, of the total numberof births registered inNigerian between 2004 and2009.Please provide me with theamount of income generatedfrom the registration ofcompanies and otherincorporated bodies between1999 and 2009I humbly request for copiesof all the oil companiesfinancial audit report.

Please provide me with a listof the cases that theCommission hassuccessfully prosecuted incourt since 2003.

Mute Refusal

InformationReceived

InformationReceived

Oral Refusal

Unable toSubmit

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 4

Outcomes

85

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 4

Outcomes

Independent NationalE l e c t o r a lCommission (INEC)

Ministry of ForeignAffairs

How many Direct CaptureMachines were delivered afterthe 2007 elections and whathas happened to thesemachines? How many of themachines were received intotal.Please give me details of howmany Nigerian embassiesabroad were closed between1999 and 2009, in whatcountries and for whatreasons?

InformationReceived

Unable toSubmit

86

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Seember Nyager (R5)

Requests and Requestors by Country

Central Bank ofNigeria

Independent NationalElectoral Commission(INEC)

Ministry of ForeignAffairs

National Library

Nigeria ExtractiveI n d u s t r i e sTransparency Initiative(NEITI)

Please provide me with a listof all companies, local andforeign, printing Nigeriancurrency notes or mintingNigerian coins.How much did theCommission receive fromforeign donors in support ofits preparations for the 2007election, broken down bydonor?Please give me details of howmany Nigerian embassiesabroad were closed between1999 and 2009, in whatcountries and for whatreasons?.

Please provide the breakdownby state, of the number ofpeople who used the librarybetween 2004 and 2009.

I humbly request for copiesof all the oil companiesfinancial audit report.

InformationReceived

Mute Refusal

Mute Refusal

P a r t i a lAccess

InformationReceived

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 5

Outcomes

87

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 5

Outcomes

National PopulationCommission

Corporate AffairsCommission (CAC)

Ministry ofEnvironment

Federal Ministry ofHealth

Ministry of InternalAffairs

In accordance with Section41(1) of the Births, Deaths,etc (CompulsoryRegistration) Act 1991, howmuch was made from theinspection of the registersof births and deaths between1999 and 2009?Please provide me with thelist of companies registeredin Nigeria by foreignersbetween 1999 and 2009.How many villages wereaffected by desertencroachment between2007 and 2009 and what wasthe outcome of the re-settlement of villagers?Please provide me with thelatest figures, broken down,by states of people livingwith HIV/AIDS in Nigeria.Please provide details,broken down by country, ofthe numbers of foreignerswhose applications forNigerian citizenship wererejected between 2005 and2009.

M u t eRefusal

M u t eRefusal

P a r t i a lAccess

InformationReceived

M u t eRefusal

88

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Rhema Ehiemere (R6)

Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 6

Outcomes

Central Bank ofNigeria

Ministry ofEnvironment

Ministry of ForeignAffairsMinistry of Health

National Library

Nigeria ExtractiveI n d u s t r i e sTransparency Initiative(NEITI)

Corporate AffairsCommission (CAC)

How much was spent by theCBN on the Naira re-denomination campaignbetween 2007 and 2008?Provide numbers ofcommunities by States thatwere ravaged by Erosion in2009List of foreign Missions toNigeriaDetails of the prevalence ofmajor diseases in Nigeria,Including TB, malaria etc.People prosecuted for failingto deposit their publicationswith the National Library in2009Which International donorInstitutions supported thework of NEITI, and how muchhas NEITI received from eachdonor since its inception?Names of companiesprosecuted for failing tosubmit their audited annualaccounts between 2005 and2009

InformationReceived

Referred

Mute Refusal

Mute Refusal

Oral Refusal

Mute Refusal

Mute Refusal

89

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 6

Outcomes

Ministry ofEnvironment

Ministry ofInformation andCommunications

Ministry of InternalAffairs

Total volume of gas flared andthe revenue derived from eachoil company as penalty for gasflared between 2004 and 2009Names and addresses ofcontractors engaged by theministry to work withTelecom services providers inthe last 2 yearsList of foreigners whoapplied for NigerianCitizenship between 2005 and2009

Referred

Mute Refusal

Mute Refusal

90

Page 105: Ask and you may receive

Nnaji Theophilus (R7)

Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 7

Outcomes

Bureau of PublicProcurement

Ministry of ForeignAffairs

Central Bank ofNigeria

Independent NationalElectoral Commission(INEC)

S t a n d a r d sOrganization ofNigeria (SON)

Bureau of PublicProcurement

How many of the contractsawarded by BPP since 2007have been successfullyexecuted in all the MDAs?Details of the staff of theMinistry that were dismissedfrom diplomatic servicesbetween 2005 and 2009 andwhy they were dismissed?A breakdown of how much wasspent annually on the printingof new bank notes and mintingof new coins between 2005and 2009.How many Direct Capturemachines were delivered afterthe 2007 elections and whathas happened to thesemachines? How many of themachines were received?Details of the procedure forthe testing and certification ofbuilding materials comingfrom outside Nigeria.The number of Certificates ofno objection withdrawn byBPP IN 2008 and the reasonsfor their withdrawal.

Mute Refusal

Mute Refusal

Mute Refusal

InformationReceived

InformationReceived

Mute Refusal

91

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 7

Outcomes

Ministry of InternalAffairs

Ministry of Health

Central Bank ofNigeria

How many Nigerians havebeen issued e- Passport todate?

Details of the prevalence ofmajor diseases in Nigeriae.g., Tb, Malaria, Hepatitis,Meningitis, Cholera, etc.

To provide a copy of thelatest CBN report on thestate of health of Nigeriancommercial banks.

M u t eRefusal

InformationReceived

M u t eRefusal

92

Page 107: Ask and you may receive

Oluwatosin Aiyenikanju (R8)

Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 8

Outcomes

Central Bank ofNigeria

Ministry of InternalAffairs

Independent CorruptPractices and OtherRelated OffencesCommission (ICPC)

National PopulationCommission

Corporate AffairsCommission (CAC)

Please provide me with acopy of the latest CentralBank report on the state ofhealth of Nigeriancommercial banks.Please provide details, brokendown by country, of thenumbers of foreigners whoseapplications for Nigeriancitizenship were rejectedbetween 2005 and 2009.Please give me details ofcorruptly acquired wealth thatthe commission has recoveredsince 2003 and the persons orinstitutions from whom theywere recovered with detailsof how much was recoveredfrom each of them.Provide record, broken downby states, of the total numberof births registered in Nigeriabetween 2004 and 2009.Please provide me with theamount of income generatedfrom the registration ofcompanies and otherincorporated bodies between1999 and 2009.

P a r t i a lAccess

Oral Refusal

Unable toSubmit

Refusal toAccept

Oral Refusal

93

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 8

Outcomes

Ministry of ForeignAffairs

National Library

Ministry ofEnvironment

Bureau of PublicProcurement

Please provide details ofstaff of the Ministry that weredismissed from diplomaticservices between 2005 and2009 and why they weredismissed.How many people wereprosecuted for failing todeposit their publicationswith the National Library in2009?What is the total volume ofgas flared and the revenuederived from eachoil company as penalty forgas flared between 2004 and2009?What is the total cost of allthe contracts awarded forp r o c u r e m e n t   o fgoods, works and services in2009?

Oral Refusal

InformationReceived

Informationnot Held

Oral Refusal

94

Page 109: Ask and you may receive

Juliana Taiwo (R9)

Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 9

Outcomes

Nigeria ExtractiveIndustries TransparencyInitiative (NEITI)

Standards Organizationof Nigeria (SON)

Ministry of Health

Bureau of PublicProcurement

Please kindly furnish me withthe list of international donorInstitutions that havesupported the work ofNigerian Extractive IndustriesTransparency Initiative(NEITI). How much has NEITIreceived from each of thedonors since its inception in2007.Please I request that youkindly provide me with detailsof how many companies ororganizations have beensanctioned for importation ofsub-standard electronicproducts between 2004 and2009Please I request give abreakdown by states, thenumber of children that werevaccinated for polio between2000 and 2005Please I request that youkindly make available to methe MDA with the highestnumber of approved contractsincluding details of cost foreach contract since 2007.

Unable toSubmit

Refusal toAccept

Refusal toAccept

InadequateAnswer

95

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 9

Outcomes

Independent CorruptPractices and OtherRelated OffencesCommission (ICPC)

Independent NationalElectoral Commission(INEC)

Ministry ofInformation andCommunications

S t a n d a r d sOrganization ofNigeria (SON)

Please I request that youkindly provide us with detailsand processes of howcorruptly acquired wealthrecovered from corruptpersons are dealt with ordisposed of.Please I request that youkindly make available to me abreakdown of how much wasspent by the Commission forprinting of election materialsin the 2007 elections,including ballot papers,voters’ registers, voters’cards, public enlightenmentmaterials, etc.Please I request that youkindly make available me whattechnological advances havebeen made by the Ministry ininformation disseminationsince 1999?Please I request that youkindly make available to me alist of the laboratories andother such institutionsestablished and maintained bythe Organization across thefederation.

M u t eRefusal

Refusal toAccept

M u t eRefusal

M u t eRefusal

96

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 9

Outcomes

Central Bank ofNigeria

Please I request that youkindly make available to mehow much was spent by theCentral Bank on the Naira re-denomination campaignbetween 2007 and 2008?

Oral Refusal

97

Page 112: Ask and you may receive

Stephen Ameh (R10)

Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 10

Outcomes

Central Bank ofNigeria

S t a n d a r d sOrganization ofNigeria (SON)

National Library

Independent CorruptPractices and OtherRelated OffencesCommission (ICPC)

Ministry of InternalAffairs

Ministry ofInformation andCommunications

Breakdown of how muchwas spent annually onprinting of new bank notesand minting new coinsbetween 2005 and 2009

Details of procedure fortesting and certification ofexported building materials

Details of the volume ofholding in the national librarybroken down by publication

Breakdown of how muchwas spent annually onprinting of new bank notesand minting new coinsbetween 2005 and 2009How much has beengenerated from applicationfees from foreignersseeking Nigeriancitizenship.Details including cost,dates and institutions oftraining received by juniorstaff of the Ministrybetween January andDecember 2009.

Inadequa teAnswer

InformationReceived

Mute Refusal

Mute Refusal

Mute Refusal

Mute Refusal

98

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 10

Outcomes

I n d e p e n d e n tNational ElectoralCommission (INEC)

Ministry of ForeignAffairs

Breakdown of how muchwas spent annually onprinting of new bank notesand minting new coinsbetween 2005 and 2009

Details of how muchNigeria spends annually onservicing all its Missionsabroad

Mute Refusal

Mute Refusal

99

Page 114: Ask and you may receive

Austin Ahusimere (R11)

Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 11

Outcomes

Nigeria ExtractiveI n d u s t r i e sT r a n s p a r e n c yInitiative (NEITI)

Ministry of Health

National Library

Ministry of InternalAffairs

Ministry ofEnvironment

The list of all extractivecompanies that have beensanctioned by NEITI since2007 for non-disclosure ofinformation and thesanctions meted out to eachof them

Details of the latest figure,broken down by state ofpeople living with HIV/AIDSin Nigeria

How many people have beenprosecuted for notdepositing their publicationswith the national library in2009?

The number of Nigerianswho have been issued Nigeriae-passport till date

How many villages wereaffected by desertencroachment between2007 and 2009 and what wasthe outcome of theresett lement of thevillagers?

Mute Refusal

Mute Refusal

InformationReceived

Referred

Mute refusal

100

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 10

Outcomes

S t a n d a r d sOrganization ofNigeria (SON)

I n d e p e n d e n tCorrupt Practicesand Other RelatedO f f e n c e sC o m m i s s i o n(ICPC)

N a t i o n a lP o p u l a t i o nCommission

Details of scientif icpublication compiled andpublished by theorganisation inaccordance with i tsfunction under section5(1)(k) of the StandardsOrganisation of Nigeria?

Details and processes ofhow corruptly acquiredwealth are recovered andhow are they dealt with ordisposed off

Detai ls records,breakdown by state of thetotal number of deathregistered in Nigeriabetween 2004 and 2009

M u t eRefusal

Oral Refusal

InformationReceived

101

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LIBERIARequester One (R1) Findings; Private Owned Newspaper Journalist

Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 1

Outcomes

Ministry of Finance

Ministry of Education

The Presidency

The Presidency

L i b e r i aTelecommunicationAuthority (LTA)

General AuditingCommission (GAC)

Forestry DevelopmentAuthority (FDA)

How much was collected astotal tax revenue by theMinistry of Finance in 2007Please provide me a list ofteachers sanction formisconduct in 2009I would like to know the totalcost by trip of how much ofthe Liberian people/ taxpayers money was used to payfor the President foreigntrips between 2006 and 2009How much bills did thePresident sign and how manydid she veto between 2006and 2009?Kindly provide me a list ofcompanies deniedtelecommunication licensebetween 2006 and 2009Could you please provide mewith audit reports conductedby the GAC tat were paid forby the audited institution (s)?

Please provide me a copy ofthe policy on Reforestation inLiberia

Mute Refusal

Mute Refusal

Mute Refusal

Mute Refusal

Mute Refusal

InformationReceived

Mute Refusal

102

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 1

Outcomes

Supreme Court ofLiberia

Liberia Institution ofStatistics and GeoInformation Service(LISGIS)

Kindly provide the totalnumber of electoral casesdecided by the SupremeCourt from 2006-present.Please provide a list ofinternational institutionsproviding technical supportto LISGIS.

Mute Refusal

InformationReceived

103

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 2

Outcomes

Requester Two (R2 ) Findings; Government Owned Newspaper Journalist

Ministry of Education

Ministry of Education

Liberia Institute forStatistics and GeoInformation Services(LISGIS)

National ElectionCommission (NEC)

General AuditingCommission (GAC)

Supreme Court

Please provide the list ofteachers sanctioned formisconduct in 2009?

Provide details byqualification, of the numberof teachers in primaryschools in Liberia

I request a copy of the lastmanpower audit carried outby LISGIS.

Please provide the number bygender of how many electionlaw violators were prosecutedin the last general elections.

I request a breakdown of thefunding received by the GACfrom both the government ofLiberia and Foreign donorsbetween 2006 and 2009.”

Which county in Liberia hasthe highest number of Judgesin the Supreme Court in thelast ten years?

Oral Refusal

Oral Refusal

MuteRefusal

MuteRefusal

Oral Refusal

InformationReceived

104

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 2

Outcomes

Public Procurementand ConcessionCommission (PPCC)

Forestry DevelopmentAuthority (FDA)

The Judiciary

What was the total cost ofbids approved forprocurement in 2009?

Please provide me with thelist of companies deniedlogging license between2006 an 2009, and for whatreason.

How many Women Judgesare in the Judiciary?

Oral Refusal

InformationReceived

MuteRefusal

105

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 3

OutcomesRequester Three (R3) Findings; Broadcast Journalist

Ministry of Finance(MOF)

LiberiaTelecommunicationsAuthority (LTA)

The Legislature

Supreme Court

National ElectionsCommission (NEC)

The Judiciary

Liberia Institute forStatistics and GeoInformation Services(LISGIS)

How many persons did theMinistry of Financerecommend for prosecutionfor tax evasion between 2006and 2009?Please provide a list ofapplication for broadcastlicences and those deniedbetween 2006 and 2009Please provide a list of billsthat have been passed andthose pending in the Senate.Please provide a list of judgesthat have been sanctioned forcorrupt practices between2008 and 2009.Please provide details offunds spent by NEC on eachelectoral district in the lastgeneral election.Which internationalinstitutions supported justicesystem reforms projects andhow much was spend lastyear?I request a copy of the lastmanpower audit carried outby LISGIS.

InformationReceived

M u t eRefusal

M u t eRefusal

M u t eRefusal

Unable toSubmit

Transferred/Referred

Oral Refusal

106

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 3

Outcomes

Public Procurementand ConcessionCommission (PPCC)

ForestryDevelopmentAuthority (FDA)

Please provide details of theMinistry with the highestnumber of approved bidsincluding details of cost foreach bid.What is the total reserve ofvirgin forests in Liberiaaccording to countries?

Oral Refusal

InformationReceived

107

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 4

Outcomes

Request Four (R4) Findings; NGO Representative 1

Ministry of Finance

Liberia Institute forStatistics and GeoInformation Services(LISGIS)Liberia Institute forStatistics and GeoInformation Services(LISGIS)The Supreme Court

National ElectionCommission (NEC)

Forestry DevelopmentAuthority (FDA)

L i b e r i aTelecommunicationsAuthority (LTA)

Please provide us with adetailed list of amount paid indebt servicing as well as thosedates on which they were paidin 2008 and 2009.Please provide us with copiesof updated spatial report onLiberia for 2009.

Please provide is with a list ofthe international institutionsthat provide technicalassistance to your institution.Please provide us the criteriafor allocating cases to judgesand in selecting judges toparticipate in panels.Please inform us of thequantity of NEC officials thatwere disciplined for violatingelectoral regulations in the lastgeneral elections.Please inform us of the quantityof metric tons of timber thatwas harvest in 2009.Please inform us of theamount owed to your entity inoutstanding debts by serviceproviders.

Mute Refusal

P a r t i a lAccess

W r i t t e nRefusal‘

InformationReceived

InformationReceived

P a r t i a lAccess

Oral Refusal

108

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 4

Outcomes

The Legislature

The Presidency

Please provide us with acopy of the list of the totalnumber of those nomineessent for contribution fromthe executives between2006 and 2010, but wererejected by the honorablesenate.

Please inform us of which ofthe commission/committees constituted bythe President from 2006-2009 have submitted theirreports.

InformationReceived

InformationNot Held

109

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 5

Outcomes

Requester Five (R5) Findings; NGO Representative 2

Central Bank ofLiberia

Central Bank ofLiberia

L i b e r i aTelecommunicationsAuthority (LTA

Liberia Institute forStatistics and GeoInformation Services(LISGIS)

Ministry of Education

The Presidency

General AuditingCommission (GAC)

Please provide me with thefigure of the total amount ofEU funds received by Liberiabetween 2006 and 2009

Provide us details of the UnitedStates funds received by Liberiato develop infrastructure between2006 and 2009

Please provide the locationsand total number of mast andbooster stations in Liberia.

Please provide details of newgeological findings in Liberiain 2009.

We request the number offemale and male students inboth primary and secondaryschools in the nation’s capital

Please provide me with a listof the countries visited by thePresident between 2006 and2009.Please provide the financialaudit of the Ministry ofDefence between 2006 and2009

Transferred/Referred

M u t eRefusal

M u t eRefusal

Transferred/Referred

InformationReceived

M u t eRefusal

InformationNot Held

110

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 5

Outcomes

National ElectionsCommission (NEC)

The Judiciary

How much was given to NECfor the last Ministryelections and how much wasleft unspent?

How many cases of rapewere registered and howmany were prosecuted in2009?

InformationReceived

Mute Refusal

111

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 6

Outcomes

Requester Six (R6) Findings; Business Person 1

Ministry of Finance(MOF)

Central Bank ofLiberia (CBL)

Public Procurement &C o n c e s s i o nCommission (PPCC)

L i b e r i aTelecommunicationsAuthority (LTA)

The Legislature

The Legislature

The General AuditingCommission (GAC)

The Judiciary

How much was collected astotal tax revenue by theMinistry of Finance in 2009?

What is the number of WorldBank contracted personsworking in the Central Bankof Liberia?

We request the total numberof bios rejected in 2009 andthe reasons for rejection.

Please provide a list ofcompanies deniedtelecommunication licensesbetween 2006 and 2009.

Please provide a list of PublicHearing held by the Senate in2009 specifying those thatwere not concluded.

Please provide a list of billsthat have been passed andthose pending in the Senate

How many cases did the GACrecommend for investigation/prosecution in 2009?

How many women judges arein the Judiciary?

M u t eRefusal

M u t eRefusal

InformationNot Held

M u t eRefusal

M u t eRefusal

Unable toSubmit

M u t eRefusal

InformationReceived

112

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 6

Outcomes

National ElectoralCommission (NEC)

Please provide the number bygender of how many electionlaw violators were prosecutedin the last general elections.

M u t eRefusal

113

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 7

Outcomes

Requester Six (R6) Findings; Business Person 1

L i b e r i aTelecommunicationsAuthority (LTA)

Ministry of Education(MOE)

The Judiciary

Central Bank ofLiberia (CBL)

Ministry of Finance

Public Procurement &C o n c e s s i o nCommission (PPCC)The Legislature

Please provide the numbersand outstanding debt owed tothe Commission by serviceproviders.

Provide details byqualifications of the numberof teachers in primaryschools in Liberia.

Please provide the amountspent by the Judiciary to traindefense counsels between2008 and 2009.

What was the amount spenton printing new bank notes bythe Central Bank in 2008.

Please provide me with thebreakdown of PresidentEllen Johnson-Sirleaf ’sannual real estate tax between2006 and 2009.

How many bids did theCommission preside over in2009?We request total number ofexecutive nominees rejectedby the Senate between 2006and 2010.

M u t eRefusal

M u t eRefusal

M u t eRefusal

M u t eRefusal

Oral Refusal

M u t eRefusal

InformationReceived

114

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 7

Outcomes

I request the criteria forallocating cases to judges andin selecting the judges toparticipate in panels

Please provide details offunds spent by NEC on eachelectoral district in the lastgeneral election.

Mute Refusal

InformationReceived

Supreme Court

National ElectionsCommission

115

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 8

Outcomes

Requester Eight (R8) Findings; Student 1

Central Bank ofLiberia (CBL)

Central Bank ofLiberia (CBL)

L i b e r i aTelecommunicationsAuthority (LTA)

L i b e r i aTelecommunicationsAuthority (LTA)

Ministry of Education(MOE)

The Presidency

The Judiciary

Provide us details of theUnited States funds receivedby Liberia to developinfrastructure between 2006and 2009

Please provide me with thefigure of the total amount ofEU funds received by Liberiabetween 2006 and 2009.

Please provide the locationsand total number of mast andbooster stations in Liberia.

Please provide a listapplicants for broadcastlicenses and those deniedbetween 2006 and 2009.

Please provide a list of publicand private schools in Liberia.

Please provide me with a listof the countries visited by thePresident between 2006 and2009.

Which internationalInstitutions supported justicesystem reforms projects andhow much was spent last year?

Unable toSubmit

Unable toSubmit

Mute Refusal

Mute Refusal

InformationReceived

Unable toSubmit

Mute Refusal

116

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 8

Outcomes

Requests and Requestors by Country

The Supreme Court

The NationalE l e c t i o n sCommission (NEC)

Please provide a list of judgesthat have been sanctioned forcorrupt practices between2006 and 2009.

How many NEC officialswere disciplined for violatingelectoral regulations in thegeneral elections?

InformationReceived

Unable toSubmit

117

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 9

Outcomes

Requester Nine (R9) Findings; Student 2

Ministry of Finance(MOF)

Forestry DevelopmentAuthority (FDA)

Public Procurement &C o n c e s s i o nCommission (PPCC)

Liberia Institute forStatistics and GeoInformation Services(LISGIS)

The Legislature

The Presidency

The General AuditingCommission (GAC)

Provide a detailed list ofamount paid and dates for debtservicing in 2008 and 2009.

How many metric tons oftimber were harvested in2009?

How many bids did theCommission preside over in2009?

I request copies of the updatesspatial report on Liberia for2009.

Please provide the names ofsenators that attended all theplenary sessions in 2009.

I would like to know the costby trip of how much of theLiberia tax payers’ money wasused to pay for the president’sforeign trips between 2008and 2009.I request a breakdown of thefunding received by the GACfrom both the government ofLiberia and foreign donorsbetween 2006 and 2009.

Mute Refusal

InformationReceived

Unable toSubmit

Unable toSubmit

Unable toSubmit

Oral Refusal

Mute Refusal

118

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 9

Outcomes

Requests and Requestors by Country

The Supreme Court

The National ElectionsCommission (NEC)

Which country in Liberia hasthe highest number of judgesin the Supreme Court in thelast ten years?

How much was given to NECfor the last general electionsand how much was leftunspent?

Transferred/Referred

Unable toSubmit

119

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 10

Outcomes

Requester Ten (R10) Findings; Illerate Person

Ministry of Finance(MOF)

Forestry DevelopmentAuthority (FDA)

Public Procurement &C o n c e s s i o nCommission (PPCC)

Liberia Institute forStatistics and GeoInformation Services(LISGIS)Ministry of Education(MOE)

The General Auditing

Commission (GAC)The Judiciary

How many persons did theMinistry of Financerecommend for prosecutionfor tax evasion between 2006and 2009?What is the total reserve ofvirgin forests in Liberiaaccording to counties?Pleased provide details of theMinistry with the highestnumber of approved bidsincluding details of cost foreach bid.Please provide details of newgeological finding s in Liberiain 2009.

Please provide a list of publicand private schools inLiberia.Could you please provide mewith the audits conducted bythe GAC that were paid for bythe audited institution?Please provide the amountspent by the Judiciary to traindefense counsels between2008 and 2009.

Oral Refusal

P a r t i a lAccess

Oral Refusal

Unable toSubmit

Oral Refusal

Refusal toAccept

Refusal toAccept

120

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 11

Outcomes

Requester Eleven (R11) Findings; Physically Challenged Person

Public Procurementand ConcessionsCommission (PPCC)The Presidency(Ministry of State)

General AuditingCommission (GAC)

Forestry DevelopmentAuthority (FDA)

The Supreme Court

Central Bank ofLiberia (CBL)

The Legislature

What was the total cost of bidsapproved for procurement in2009?How many bills did thePresident sign and how manydid she veto between 2006and 2009?How many cases did the GACrecommend for investigation/prosecution in 2009?Please provide me with list ofcompanies denied logginglicense between 2006 and2009 and for what reason?Provide the total number ofelectoral cases decided by theSupreme Court from 2006 tothe present.What was the amount spent onprinting new bank notes by theCentral Bank in 2008?Please provide the names ofsenators that attended all theplenary sessions in 2009.

Oral Refusal

Mute Refusal

Unable toSubmit

P a r t i a lAccess

Mute Resufal

Mute Resufal

Unable toSubmit

121

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Requests and Requestors by Country

Ministry, Department,Agency/Institution

Questions Submitted byRequestor 12

Outcomes

Requester Twelve (R12) Findings; Unaffiliated Person

Ministry of Finance

Public Procurementand ConcessionsCommission (PPCC)Ministry of Education

The Presidency

The General AuditingCommission (GAC)

Forestry DevelopmentAuthority (FDA)

Please provide me with thebreakdown of President EllenJohnson Sirleaf’s annual realestate tax between 2006 and2009.I request the total number ofbids rejected in 2009 and thereasons for rejection.I rejected the number offemale and male students inboth primary and secondaryschools in the nation/s capital.Which Commission/Committees consulted by thePresident between 2006 and2009 have submitted theirreportsPlease provide the financialaudit of the Ministry ofDefense between 2006 and2009.Please provide a copy of thepolicy on reforestation inLiberia.

Oral Refusal

P a r t i a lAccess

Unable toSubmit

Mute Refusal

Transferred/Referred

Unable toSubmit

122

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Ministry, Department,Agency/Institution

Questions Submitted byRequestor 12

Outcomes

Requests and Requestors by Country

The Legislature

Central Bank of Liberia

The Judiciary

Please provide a list of PublicHearing held by the Senate in2009 specifying those thatwere not concluded.What is the total number ofWorld Bank contractedperson working in the CentralBank of Liberia?How many cases of rape wereregistered and how many wereprosecuted in 2009?

P a r t i a lAccess

M u t eRefusal

Unable toSubmit

123

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M edia Rights Agenda (MRA) is anindependent, non-governmentalorganisation established in August

1993 for the purpose of promoting and protectingpress freedom and freedom of expression inNigeria. MRA is registered in Nigeria, hasObserver Status with the African Commissionon Human and Peoples’ Rights in Banjul, TheGambia.

MRA’s programmes fall into four broadcategories, namely: Litigation, Training,Research and Publications, and Advocacy,although its projects in these areas oftenoverlapped. Its specific project activities includemonitoring of attacks on the press, publicationof reports on media issues, legislative lobbying,organizing seminars, conferences andworkshops, research and litigation, particularlyclass actions and legal assistance to journalistswho are physically attacked, arrested or detained,unjustly dismissed from their work or areharassed in other manners.

The Aims and Objectives of Media RightsAgenda are:a. to promote respect and recognition for

press freedom and freedom ofexpression in Nigeria;

b. to provide protection and support forjournalists and writers engaged in thelawful pursuit of their professionalduties;

c. to promote the highest standards ofprofessional ethics, integrity, trainingand conduct in the journalismprofession; and

d. to bring about a conducive social andlegal atmosphere for the practice ofjournalism, and ensure the protectionof the journalist’s right not to becompelled to work against his or herconviction or disclose confidentialsources of information.

Media Rights Agenda has an administrativestructure made up of Trustees, the ExecutiveCommittee, Advisory Council and theSecretariat.

Executive Committee

Edetaen Ojo, Executive Director

Tunde Fagbohunlu,Director of Legal Services

Morenike Ransome-Kuti, Director of Research

Austin Agbonsuremi, Director of Publications

Eze Anaba, Director of Projects

Tive Denedo, Director of Campaigns

Angela Agoawike, Member

Ibim Semenitari, Member

Secretariat

Edetaen Ojo, Executive Director

Ayode Longe, Senior Programme Officer

Joseph Izibili, Programme Officer

Ekemini Francis, Programme Officer

Kingsley Aisagbonhi, Accountant

Oluwabunmi Bamiselu, Admin. Manager

Ronke Akogun, Secretary

John Gbadamosi, Administrative Assistant

Rose Aikhuele, Office Assistant

Mark Dakmi, Security

Media Rights Agenda31/33 Ladipo Kasumu Street

Off Adeleke St., off Allen Avenue, Ikeja

P. O. Box 52113, Ikoyi

Lagos, Nigeria

Tel: 234-1-7616803

E-mail: [email protected]

Web site: http//www.mediarightsagenda.net

Page 139: Ask and you may receive