The Right to Access Information Commission (RAIC) has intervened in the matter bordering on access to information (ATI) between Journalist Borbor Dan Kamara and the National Minerals Agency (NMA). Borbor had been dissatisfied with the responses of the NMA regarding providing information he requested on the annual report of FG Gold Mining Company; the agreement defining the end of FG Gold’s prospecting phase and commencement of full-scale operations; and also, the NMA’s and 2023 and 2024 Annual Reports.
After back and forth, the requester [Borbor Dan Kamara] complained the NMA to the Right to Access Information Commission.
As he has always done to expedite access to information and enhance compliance, Dr. Ibrahim Seaga Shaw, the Chairman and Information Commissioner of RAIC, called both parties to a meeting in his office on 6th August 2025. The RAIC is mandated and empowered by the Right to Access Information Act 2013 to facilitate access to information. Attendees of the meeting comprise the requester and a cross section of RAIC and NMA staff.
At the engagement meeting, the information demands of the requester were laid bare and the National Minerals Agency, through its representatives at the meeting, was given the space to react to the said information demands before the requester and the information oversight body.
Reacting to information demands of the requester, Ibrahim Satti Kamara, the Director of Communications and Community Affairs at NMA stated that the reports submitted by the F.G. Gold Mining Company to NMA, which are subjects of the information request in question, are confidential due to the inclusion of exploratory information. He argued that such reports, according to the Mines and Mineral’s Act of 2009, should only be made public after undergoing internal review processes.
However, the RAIC Chairman and Information Commissioner questioned the legal basis of the said claim and asked the NMA’s Communications and Community Affairs Manager whether the claim is supported by a legislation to withhold such information. Replying to the RAIC boss, Mr. Sattie said the confidentiality of the requested information is indeed supported by his institution’s legislation and promised to provide the relevant section for the Commission’s review.
Mr. Sattie added that what F.G. Gold Mining Company submitted was a technical report, not an annual report, and reiterated that the exploratory portion within it made the document confidential.
Mr. Dan Borbor, the requester, however, said he had contacted Dr. Julius Spencer, whom he said is an official at F.G. Gold, who confirmed that the company had submitted the necessary documents, including audited reports to NMA, adding that Dr. Spencer advised him to obtain the report directly from NMA.
However, NMA insisted that Mr. Borbor should obtain the report from F.G. Gold.
Dr. Seaga Shaw mentioned that he found it strange for a private company to withhold its annual report since, according to him, such reports are supposed to be public documents. The Chairman advised NMA to review their policy regarding the confidentiality of exploratory information and how it relates to public access rights. He emphasized that it is normal for annual reports that have been laid in parliament to be made public after their 21-day maturity
Eventually, it was clarified that Mr. Borbor’s request was for the Community Development Agreement (CDA) report, as provided for under Section 134(2) of the NMA Act which Mr. Sattie said had been submitted to the requester, effectively resolving the first issue. All participants gave silent consent, indicating agreement.
On the request bordering on NMA’s Annual Report 2024, Mr. Sattie responded that the report would not be made public until it is finalized and submitted to the Mines Minister, and subsequently laid in Parliament. However, the RAIC Chairman pressed for updates on the status of the 2023 annual report, noting that it should have been published already, as RAIC had done with theirs. For the 2024 NMA annual report, he advised Mr Borbor to exercise some patience until it is laid in parliament.
Chairman Seaga Shaw emphasized the legal obligation for all public institutions to produce and proactively publish annual reports on their web sites after being laid in parliament following the 21-day maturity. He urged NMA to comply promptly and make the 2023 NMA annual report available to the requester.
The RAIC Chairman noted that while the 2024 report is understandably in progress, the 2023 report is overdue and must be prioritized.
On the request bordering on the agreement marking the transition from prospecting to full operations by FG Gold Mining Company, Mr. Sattie stated categorically that no such agreement exists between NMA and FG Gold. Chairman Seaga Shaw asked the requester whether he had seen such agreement. Mr. Borbor Dan Kamara (the requester) claimed that F.G. Gold had informed him of a plan to begin full operations in 2026, implying an agreement had been reached. The Chairman requested clarification on the type of license issued to FG Gold, whether it was a prospecting license, mining license, or both. Mr. Sattie reiterated that there are documents defining such transition and advised Mr. Borbor to make a fresh, specific request for such documents for NMA to look into.
Mr. Sattie suggested it would have been better if Mr. Borbor Kamara had requested a formal interview and submitted his questions in writing. Eventually, it was agreed for the requester to compile his questions in writing and copy RAIC for transparency.
The RAIC Chairman and Information Commissioner, Dr. Ibrahim Seaga Shaw, presided over the meeting with high professionalism in fulfilment of the prescribed access to information law and policy.
In summary, it was resolved that NMA provides the requested NMA Annual Report 2023 and that NMA should also provide the legal provisions in its Act that provides for the confidentiality they made reference to in the meeting which guarantees the non-disclosure of mining exploratory reports. For the requester, Mr. Borbor Kamara, can submit a formal and more specific request for clarity on the status of FG Gold’s license and operational stage if he wishes to do so. All the parties were admonished by the RAIC boss to maintain professionalism, sound communication and adhere to due process as defined by the Right to Access Information Act 2013.
The RAIC Information Commissioner gave NMA one calendar month to respond to the two above orders.
For media enquiries, contact:
Amara Thoronka
Public Information and Communications Officer
RAIC – National Secretariat
+232 88 283632 / +232 78 231949
