Access to Information Laws in West Africa: From Legislation to Enforcement
The Report
As reported by LamToro News journalist Aisha Faal, Mary Ongore, Senior Legal Manager for Sustainable Finance at the International Lawyers Project (ILP), has underscored the critical gap between the existence of access to information laws and their practical enforcement across the region. Speaking at the ITJA Intermediate Course, Ongore stressed that legislation alone does not guarantee openness, and that governments must establish effective systems enabling citizens and journalists to request and receive information within reasonable time frames.
“Journalists and citizens must be able to obtain information held by public institutions if access to information laws are to serve their purpose of promoting transparency and accountability,” Ongore said.
She further noted that access to information is firmly recognized under international human rights instruments, including the Universal Declaration of Human Rights, and that the presumption should always be in favour of disclosure, with only limited exceptions provided for by law. Ongore emphasized that information request procedures must be simple, accessible, and user-friendly, and that public institutions should acknowledge receipt of requests promptly, guiding applicants to the appropriate authority when necessary. She also highlighted the need for strong oversight and appeal mechanisms, including independent information commissioners or ombudsman offices, and ultimately access to the courts.
WANA Regional Analysis
Ongore’s remarks arrive at a pivotal moment for West Africa, where several nations have enacted access to information laws in recent years, yet implementation remains uneven and often ineffective. The gap between legal frameworks and practical enforcement is a recurring governance challenge across the ECOWAS region, undermining the very transparency and accountability these laws were designed to promote.
From a regional policy perspective, the absence of effective enforcement mechanisms has direct consequences for journalism, civil society oversight, and public trust in institutions. In countries such as Ghana, Nigeria, and Sierra Leone, where access to information laws exist, journalists frequently report delays, excessive fees, and outright refusals when seeking public records. This not only hampers investigative reporting but also weakens the public’s ability to hold governments accountable—a cornerstone of democratic governance.
The broader implications for the ECOWAS region suggest that without robust oversight bodies, clear timelines, and accessible procedures, access to information laws risk becoming symbolic gestures rather than functional tools. Ongore’s emphasis on proactive disclosure is particularly relevant: many West African governments still operate on a reactive model, releasing information only when requested, rather than routinely publishing data on budgets, contracts, and public services. This reactive approach places an undue burden on journalists and citizens, who must navigate bureaucratic hurdles to obtain basic information.
Against this backdrop, the call for independent information commissioners or ombudsman offices is significant. In West Africa, such institutions remain rare, and where they exist, they often lack the resources or political independence to compel compliance. The ECOWAS Court of Justice has issued rulings on access to information, but enforcement at the national level remains inconsistent. Strengthening these mechanisms would not only improve transparency but also align with ECOWAS protocols on good governance and human rights.
From an economic standpoint, effective access to information laws can reduce corruption, improve the business environment, and attract foreign investment. Investors require reliable data on regulatory frameworks, tax policies, and public procurement to make informed decisions. When information is withheld or delayed, it increases transaction costs and perceived risk, deterring investment in a region that urgently needs capital for infrastructure and development.
Historically, West African governments have been reluctant to embrace full transparency, often citing national security or administrative efficiency as reasons for withholding information. However, as Ongore noted, exemptions should be narrowly defined and applied. The challenge lies in balancing legitimate security concerns with the public’s right to know—a balance that many countries in the region have yet to achieve.
Regional Backdrop
The push for access to information laws in West Africa gained momentum in the early 2000s, driven by civil society advocacy and international pressure. Nigeria passed its Freedom of Information Act in 2011, Ghana followed with the Right to Information Act in 2019, and Sierra Leone enacted its own law in 2013. However, implementation has been slow. In Nigeria, for example, a 2021 assessment by the Media Rights Agenda found that many public institutions still fail to respond to information requests within the statutory timeframe. Similarly, in Ghana, the Commission on Human Rights and Administrative Justice (CHRAJ), which oversees the right to information, has faced resource constraints that limit its effectiveness.
The ECOWAS Supplementary Act on the Right to Access Information, adopted in 2016, provides a regional framework, but its implementation depends on national legislation and enforcement. The Act requires member states to establish independent oversight bodies, but progress has been uneven. Without strong regional pressure and peer review mechanisms, national governments have little incentive to prioritize enforcement.
Ongore’s call for simple, accessible procedures is particularly pertinent in a region where literacy rates vary widely and access to technology is uneven. Oral requests, multiple channels, and user-friendly forms are essential to ensure that ordinary citizens—not just journalists or NGOs—can exercise their rights. This inclusive approach is critical for building public trust and ensuring that access to information laws serve their intended purpose.
Original Reporting By:
LamToro News