“Freedom of Information Act 2011 is meant to enhance and promote democracy, transparency, justice and development. It is designed to change how government works, because we have all resolved that it will no longer be business as usual. What is done officially must be done in accordance with the law. Although the Freedom of Information Act requires no explicit public interest test, an assessment of public interest must still be made. Therefore, all public institutions and authorities must ensure that they prepare themselves for the effective implementation of the Freedom of Information Act.”

“Disclosure of the information will not constitute an actionable breach of confidence if there is a public interest in disclosure which outweighs the public interest in keeping the information confidential. There is a public interest in ensuring public scrutiny of public authorities.  If the exemption under the Freedom of Information Act is wrongly applied and information is incorrectly withheld, a public authority may face sanctions under the Act for not complying with the duty to provide information.”

In its letter to Mr Malami said asked him to “you use your good offices and leadership to ensure and facilitate full, effective and timely enforcement and implementation of the judgment by Honourable Justice Mohammed Idris of the Federal High Court, Lagos. The judgment ordered the administration of President Muhammadu Buhari to publish up-to-date information on the spending of recovered stolen funds since the return of civilian rule in 1999.”

SERAP also said that, “Given the relative newness of the Buhari government, the effective enforcement and implementation of the judgment will invariably involve setting up a mechanism by the government to invite the leadership and high-ranking officials of the governments of former President Olusegun Obasanjo, former President Umaru Musa Yar’Adua, and former President Goodluck Jonathan to explain, clarify and provide evidence on the amounts of stolen funds recovered by their respective governments (from abroad and within Nigeria), and the projects (including their locations) on which the funds were spent.

“SERAP therefore believes that the swift enforcement and implementation of this landmark judgment by the government of President Muhammadu Buhari will be litmus test for the President’s oft-repeated commitments to transparency, accountability and the fight against corruption, and for the effectiveness of the Freedom of Information Act in general,” the organisation also said.

The organisation said that, “The enforcement and implementation of the judgment should not be delayed as to do this is to continue to frustrate the victims of corruption in the country since the return of democracy in 1999, and will threaten to undermine the authority of our judicial system.