23. Notwithstanding anything contrary contained in the Evidence Act, or any regulation made Access to
under it, the Court may, in the course of any proceedings before it arising from an application information by
under section 21 of this Bill, examine any information to which this Bill applies, that is under court.
the control of a public institution, and no such information may be withheld from the court on
any ground.
24. In any proceedings before the Court arising from an application under section 21, 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 material on a basis of which any public institution will be authorized to
disclose the information applied for.
Court to take
precautions
against
disclosing
information.
25. In any proceedings before the Court arising from an application under section 21, the burden Burden of
of establishing that the public institution is authorized to deny an application for information or proof.
part thereof shall be on the public institution concerned.
26. (1) Where a public institution denies an application for information, or a part thereof on the Order to
basis of a provision of this Bill, the Court shall order the institution to disclose the information disclose
information.
or part thereof to the applicant —
(i) if the Court determined that the institution is not authorized to deny the application
for information; or
(ii) where the institution is so authorized, but the Court nevertheless determines that the
institution did not have reasonable grounds on which to deny the application;
(iii) 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.
(2) Any order the Court makes in pursuance of this section may be made subject to such
conditions as the Court deems appropriate.
27. This Bill does not apply to—
Exempted
materials.
(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, the National Museum or the non-public
section of the National Archives of the Federal Republic of Nigeria on behalf of any
person or organization other than a government and/or public institution.
28. (1) Notwithstanding anything contained in the Criminal Code, Penal Code, the Official of Protection of
Secrets Act, or any other enactment, no civil or criminal proceedings shall lie against an officer Public Officers,
Page 9 of 13 House of Reps.
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