(c)
(2)
library circulation and other records identifying library users with specific materials:
Notwithstanding anything contained in this section, an application for information shall not be denied where
the public interest in disclosing the information outweighs whatever injury that disclosure would cause.
20.
Any applicant who has been denied access to information, or a apart thereof, may apply to the Court for a review of
the matter within 30 days after the public institution denies or is deemed to have denied the application, or within
such further time as the Court may either before or after the expiration of the 30 days fix or allow.
21.
An application made under Section 20 shall be heard and determined summarily.
22.
Notwithstanding anything contrary contained in the Evidence Act, or any regulation made under it, the Court may, in
the course of any proceeding before it arising from an application under Section 20 of this Act, examine any
information to which this Act applies, that is under the control of a public institution, and no such information may
be withheld from the Court on any ground.
23.
In any proceeding before the Court arising from an application under Section 20, the Court shall take precaution,
including when appropriate, receiving representations ex parte and conducting hearings in camera to avoid the
disclosure by the Court or any person of any information or other materials on a basis of which any public institution
will be authorized to disclose the information applied for.
24.
In any proceeding before the Court arising from an application under Section 20, the burden of establishing that the
public institution is authorized to deny an application for information or part thereof shall be on the public institution
concerned.
25.
(1)
Where a public institution denies an application for information, or a part thereof on the basis of a provision
of this Act, the Court shall order the institution to disclose the information or part thereof to the applicant-
(2)
26.
27.
(a)
if the Court determined that the institution is not authorized to deny the application for information;
(b)
where the institution is so authorized, but the Court nevertheless determines that the institution does
not have reasonable grounds on which to deny the application; or
(c)
where the Court makes a finding that the interest of the public in having the record being made
available is greater and more vital than the interest being served if the application is denied, in
whatever circumstance.
Any order the Court makes in pursuance of this section may be made subject to such conditions as the Court
deems appropriate.
This Act does not apply to(a)
published material or material available for purchase by the public;
(b)
library or museum material made or acquired and preserved solely for public reference or exhibition
purposes; or
(c)
material placed in the National Library, National Museum or non- public section of the National
Archives of the Federal Republic of Nigeria on behalf of any person or organization other than a
government or public institution.
(1)
Notwithstanding anything contained in the Criminal Code, Penal Code, the Official Secrets Act, or any other
enactment, no civil or criminal proceedings shall lie against an officer of any public institution, or against any person
acting on behalf of a public institution, and no proceedings shall lie against such persons thereof, for the disclosure in
good faith of any information, or any part thereof pursuant to this Act, for any consequences that flow from that
disclosure, or for the failure to give any notice required under this Act, if care is taken to give the required notice.
(2)
Nothing contained in the Criminal Code or Official Secrets Act shall prejudicially affect any public officer
who, without authorization, discloses to any person, an information which he reasonably believes to show(b)
mismanagement, gross waste of funds, fraud, and abuse of authority; or
(c)
a substantial and specific danger to public health or safety notwithstanding that such information was