may within 3 days but not later than 7 days after the application is received, transfer the application, and if necessary,
the information, to the other public institution, in which case, the institution transferring the application shall give
written notice of the transfer to the applicant, which notice shall contain a statement informing the applicant that
such decision to transfer the application can be reviewed by the Court.
6.
7.
(2)
Where an application is transferred under subsection (l), the application shall be deemed to have been made to
the public institution to which it was transferred on the day the public institution received it.
(3)
For the purpose of subsection (l), a public institution has "a greater interest" in information if –
(a)
the information was originally produced in or for the institution; or
(b)
in the case of information not originally produced in or for the public institution, the institution was the
first public institution to receive the information
The public institution may extend the time limit set out in Section 5 or Section 6 in respect of an application for a
time not exceeding 7 days if –
(a)
The application is for a large number of records and meeting the original time limit would unreasonably
interfere with the operations of the public institution; or
(b)
Consultations are necessary to comply with the application that cannot reasonably be completed within the
original time limit, by giving notice of the extension stating whether the extension falls under the
circumstances set out in this section, which notice shall contain a statement that the applicant has a right to
have the decision to extend the limit reviewed by the Court.
(1)
Where the government or public institution refuses to give access to a record or information applied for under
this Act, or a part thereof, the institution shall state in the notice given to the applicant the grounds for the refusal, the
specific provision of this Act that it relates to and that the applicant has a right to challenge the decision refusing
access and have it reviewed by a Court.
(2)
A notification of denial of any application for information or records shall state the names, designation and
signature, of each person responsible for the denial of such application.
(3)
The government or public institution shall be required to indicate under subsection (1) of this Section whether
the information or record exists.
(4)
Where the government or public institution fails to give access to information or record applied for under this
Act or part thereof within the time limit set out in this Act, the institution shall, for the purposes of this Act, be
deemed to have refused to give access.
(5)
Where a case of wrongful denial of access is established, the defaulting officer or institution commits an
offence and is liable on conviction to a fine of N500, 000
8.
Fees shall be limited to standard charges for document duplication and Fees transcription where necessary.
9.
(1)
Every government or public institution shall ensure that it keeps every information or record about the
institution's operations, personnel, activities and other relevant or related information or records.
(2)
Every government or public institution shall ensure the proper organization and maintenance of all
information or record in its custody, in a manner that facilitates public access to such information or record
under this Act.
10.
It is a criminal offence punishable on conviction by the Court with a minimum of 1 year imprisonment for any
officer or head of any government or public institution to which this Act applies to willfully destroy any records kept
in his custody or attempt to doctor or otherwise alter same before they are released to any person, entity or
community applying for it.
11.
(1)
A public institution may deny an application for any information the disclosure of which may be injurious to
the conduct of international Affair and the defence of the Federal Republic of Nigeria
(2)
Notwithstanding subsection (1), an application for information shall not be denied where the public interest in