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The Quest for Freedom of Information in Nigeria
an article by Ondotimi Songi
The long and tortuous journey of Nigeria’s Freedom of Information
(FOI) Bill finally came to an end when on the 27th May, 2011 the Bill
was passed and assented to a day later. The FOI Bill (now Freedom of
Information Act (FOIA) is the longest and most debated Bill in Nigeria
but paradoxically the fastest Bill to be assented to. All individuals
and organisations that fought and ensured its passage must be commended
for a job well-done. However, although the FOIA is a good start in
enthroning democratic governance and rule of law in Nigeria, it is not
the final bullet.
The FOIA retained its general objective
improving transparency in the conduct of public affairs by allowing
access to information deemed to be in the public interest. The Act among
other things makes public records and information more freely
available, protect public records and information to the extent
consistent with the public interest and the protection of personal
privacy, protect serving public officers from adverse consequences for
disclosing certain kinds of official information without authorization
and establish procedures for the achievement of those purposes. Public
institutions are compelled to keep records and information and to
organise them in such a way that the public can access them. Appropriate
training is to be provided for officials by governments and
institutions on the public's right to access information or records held
by government or public institutions.
There are, however,
grounds on which the Act gives exemptions to the right of the public to
know – namely information that could compromise national security, the
conduct of international affairs, records that could expose trade
secrets, etc. Thus the true test of the Act will come when the courts
try to balance these exemptions with the public's quest to exercise the
right to know - which is the main thrust of the Act. Interestingly,
barely weeks after its passage, the FOIA is being tested in court
against the Economic and Financial Crimes Commission.
Another
challenge the FOIA may face is whether
it will apply throughout Nigeria because information is under the
concurrent list of Nigeria's federal constitution. The argument,
therefore, is that the various State Houses of Assembly will have to
domesticate it before it can apply in those States, otherwise it will
apply only in Abuja, the capital of Nigeria. Whether this is legally
correct or not will eventually be decided by the Nigerian courts.
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DISCUSSION
Question(s) related to this article:
Free flow of information
How is it important for a culture of peace?
Thematic forum(s) in which this article is being discussed:
INFORMATION FLOW - CIRCULATION DE L'INFORMATION
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Readers' comments are invited on this article and question.
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This report was posted on July 7, 2011.
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