By Essien Ndueso.
Information remains the life wire of a country's growth and development. From governance to economy, from sports to entertainment, from commerce to academics and to other spheres of human fabrics, information remains a major driver of societal development. Hence countries with developmental aspiration allow the media to have easier, legally supported access to information.
To join the league of these countries, Nigeria under the leadership of ex president Goodluck Jonathan in 2011 signed into law the Freedom of Information Acts passed by the then National Assembly. By that singular step, the country bided farewell to secrecy and 'cover up' in government businesses and transactions. The Freedom of Information law, generally referred to as FOI is the legislation that gives the press and by extension, all Nigerians, the legal backing to information accessibility without restrictions or intimidations from public officials or personnel.
The preamble to the document the freedom of information act reads:
“An Act to make public records and information more freely available, provide for public access to public records and information, 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 of disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes and; for related matters.”
The Freedom of Information Act allows more free access to information in the records of an organisation or government. The main thing this act does is that it avails the journalist and indeed anybody with information from records once held as official or confidential.
The law institutes a procedure of request for such information, which is by application. The corporation whom the application is made to shall supply the needed record in 7 days or issue a reply as to why it would not let out such information. However, an institution can beg for more time not exceeding 7 days to produce the record (making it 14 days maximum). The applicant may be charged a fee, but it shall only be the cost of reproduction of the quantity of material he is receiving, as such he is not paying for information.
Information can only be gotten from these sources as spelt out by the law:
“means a record in any form having been prepared, or having been or being used, received, possessed or under the control of any public or private bodies relating to matters of public interest and includes any.
(b) Information recorded or stored on other devices; and any material subsequently derived from information so recorded or stored;
(c) Label marking, or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;
(d) Book, card, form, map, plan, graph, or drawing
(e) Photograph, film, negative, microfilm, tape, or other devices in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced;”
“This Act is intended to complement and not replace the existing procedures for access to public records and information and is not intended to limit in any way access to those types of official information that have been normally available to the general public (sec30).”
The law on the other hand allows exemption of international affairs and defence, law enforcement and investigation (including courts), personal information, third party information, course or research material, personal or other privileges conferred by law.
The act does not in any way enshrine the freedom of the press. And press freedom is still a long walk from here.
It only allows access to recorded information, so therefore human informants can withhold any non-recorded information, though there is a jail term of not less than one year if any person in position to influence anything falsifies or alters a record for selfish aim.
Journalist can be lost in the pressure and spool wheel procedures.
Sometimes with pressure to meet deadlines, applications have to be made on time to get records.
Some organisations that want to be difficult can bore you or overwhelm you with data from records, and one might not know where to look for a newsworthy needle in a haystack of information paper.
The act too takes away the novelty and scoops, as anyone who is privileged to any information can publish it now in the days of social media and the information might go viral in minutes and make the morning news look stale.
Leaves more responsibility in the hands of the media person, as one needs to worry about what interpretation to give to the record in his possession so as not to draw a legal suit for defamation or even sedition or worse still treason.
The judicial process of seeking redress for denial of information takes time to complete.
Many public sector workers do not know the contents of this bill, some persons have been bullied by journalist and they give out third party information or information about people’s privacy.
Though this document generated so much public debate, many still belief it is the beginning step the country is taking towards a free press, but the freedom of the press is still in question. Even countries with enacted press freedom clauses cannot prove that there is no system to check the press.
News reports have it that the Socio-Economic Rights and Accountability Project (SERAP) has commenced contempt proceedings against the Federal Government, Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice, and Ahmed Idris, the Accountant-General of the Federation.
SERAP executive director, Adetokunbo Mumuni, was quoted in a statement as saying that the officials were deemed to have exhibited contempt for the court “for failing to comply with the judgment ordering publication of the spending of recovered stolen funds since return of democracy in 1999.”
The government has no legally justifiable reason for refusing to provide SERAP with the information requested, and therefore, this Court ought to compel the government to comply with the Freedom of Information Act, as the government is not above the law.”
The effects of this Law to the socio economic growth of Nigeria are numerous. With the Act in place, hoarding of information that are of public interest from journalists should be a thing of the past as journalists are empowered to cross check details of government transactions and bring same to the public domain.
(c) Label marking, or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;
(d) Book, card, form, map, plan, graph, or drawing
(e) Photograph, film, negative, microfilm, tape, or other devices in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced;”
“This Act is intended to complement and not replace the existing procedures for access to public records and information and is not intended to limit in any way access to those types of official information that have been normally available to the general public (sec30).”
The law on the other hand allows exemption of international affairs and defence, law enforcement and investigation (including courts), personal information, third party information, course or research material, personal or other privileges conferred by law.
The act does not in any way enshrine the freedom of the press. And press freedom is still a long walk from here.
It only allows access to recorded information, so therefore human informants can withhold any non-recorded information, though there is a jail term of not less than one year if any person in position to influence anything falsifies or alters a record for selfish aim.
Journalist can be lost in the pressure and spool wheel procedures.
Sometimes with pressure to meet deadlines, applications have to be made on time to get records.
Some organisations that want to be difficult can bore you or overwhelm you with data from records, and one might not know where to look for a newsworthy needle in a haystack of information paper.
The act too takes away the novelty and scoops, as anyone who is privileged to any information can publish it now in the days of social media and the information might go viral in minutes and make the morning news look stale.
Leaves more responsibility in the hands of the media person, as one needs to worry about what interpretation to give to the record in his possession so as not to draw a legal suit for defamation or even sedition or worse still treason.
The judicial process of seeking redress for denial of information takes time to complete.
Many public sector workers do not know the contents of this bill, some persons have been bullied by journalist and they give out third party information or information about people’s privacy.
Though this document generated so much public debate, many still belief it is the beginning step the country is taking towards a free press, but the freedom of the press is still in question. Even countries with enacted press freedom clauses cannot prove that there is no system to check the press.
News reports have it that the Socio-Economic Rights and Accountability Project (SERAP) has commenced contempt proceedings against the Federal Government, Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice, and Ahmed Idris, the Accountant-General of the Federation.
SERAP executive director, Adetokunbo Mumuni, was quoted in a statement as saying that the officials were deemed to have exhibited contempt for the court “for failing to comply with the judgment ordering publication of the spending of recovered stolen funds since return of democracy in 1999.”
The government has no legally justifiable reason for refusing to provide SERAP with the information requested, and therefore, this Court ought to compel the government to comply with the Freedom of Information Act, as the government is not above the law.”
The effects of this Law to the socio economic growth of Nigeria are numerous. With the Act in place, hoarding of information that are of public interest from journalists should be a thing of the past as journalists are empowered to cross check details of government transactions and bring same to the public domain.
Hence awards of government contracts, qualifications of contractors, contracts biddings and specifications will no longer be swept under the carpet by unpatriotic personnel while false media reports and speculations will ceased in the country. FOI law will reduce drastically, the problems usually encountered by Nigerian journalists in their investigative responsibilities to the masses. Arbitrary detention, torture, and embarrassment usually encountered in the course of accessing information stands relegated. With the enactment of the FOI law, good governance can be promoted and encouraged in the country. Since the press and other Nigerians will have access to information, public office holders will be accountable to the people as well as deliver on the mandate given to them by Nigerians to also enjoy continuous trust and confidence of the electorates.
With the FOI, corruption, nepotism, inflation of contracts sum and abuse of office - all Acts hindering the growth and development of the country will not only be tackled but will be reduced to the bearest minimum through various media reports, coverage and reportage by members of the fourth estate of the realm.
While the Freedom Of Information law parades positive implications in all spheres of the countries development, it is observed that the impacts of the law is yet to be fully felt at the states and local government levels as some officials still deny journalists access to official information with cheap excuses despite the existence of the law. It is also observed that the official Secrets Acts also hinders the full implementation of FOI law in the country.
With the FOI, corruption, nepotism, inflation of contracts sum and abuse of office - all Acts hindering the growth and development of the country will not only be tackled but will be reduced to the bearest minimum through various media reports, coverage and reportage by members of the fourth estate of the realm.
While the Freedom Of Information law parades positive implications in all spheres of the countries development, it is observed that the impacts of the law is yet to be fully felt at the states and local government levels as some officials still deny journalists access to official information with cheap excuses despite the existence of the law. It is also observed that the official Secrets Acts also hinders the full implementation of FOI law in the country.
The official Secrets Acts provides the unpatriotic public officials with the 'escape route' to get away with government information without making it available to journalists. To ensure full implementation of the law in the country, the judiciary should continue to be up and doing by speedily dispensing justice on cases bordering on refusal to comply with the Law. These will not only serve as a deterrent to others but will support the efforts of Nigerian journalists in making information available to Nigerians.
It will not also be out of place if the federal and state ministries of information in collaboration with the Nigerian Union of Journalist on a regular basis conduct seminars for journalists to educate them on their rights as enshrined in the FOI law as these will go a long way in assisting the journalists in their official duties.
It is our believe that with freedom of information law in existence, information will be available and accessible to promote the much needed development, progress and transformation while corruption, nepotism, embezzlement usually associated with hoarding of information will be shown the way out from the shores of Nigeria.
It is worthy of note that the Federal Government in March took a step further to ensuring easier access to information when it launched a re-designed Bureau of Public Service Reform (BPSR) website with a freedom of information portal to receive FOI requests. It is hoped that other public institutions will follow this innovation.
It is obvious that lack of adequate orientation and information on the FOI has left the situation in Nigeria far from being different. For example, nonchalance, unpatriotic zeal have led most Nigerians to pay deaf ears to issues in the country. As journalists, it behooves on us all to sensitize our people on the content of the law and also get to know the provisions of the law. Having freedom of information as we are aware is not without its limitations, because where your freedom ends, is where another person’s freedom begins.
Let me leave you with this popular quote by Idi Amin Dada of Uganda who is credited with saying that.. “You have freedom of speech but freedom after speech, I cannot guarantee that.”
Comments by Essien Ndueso at the 2016 Day celebration of Mass Communication Students, Akwa Ibom state Polytechnic, Ikot Osurua.
It will not also be out of place if the federal and state ministries of information in collaboration with the Nigerian Union of Journalist on a regular basis conduct seminars for journalists to educate them on their rights as enshrined in the FOI law as these will go a long way in assisting the journalists in their official duties.
It is our believe that with freedom of information law in existence, information will be available and accessible to promote the much needed development, progress and transformation while corruption, nepotism, embezzlement usually associated with hoarding of information will be shown the way out from the shores of Nigeria.
It is worthy of note that the Federal Government in March took a step further to ensuring easier access to information when it launched a re-designed Bureau of Public Service Reform (BPSR) website with a freedom of information portal to receive FOI requests. It is hoped that other public institutions will follow this innovation.
It is obvious that lack of adequate orientation and information on the FOI has left the situation in Nigeria far from being different. For example, nonchalance, unpatriotic zeal have led most Nigerians to pay deaf ears to issues in the country. As journalists, it behooves on us all to sensitize our people on the content of the law and also get to know the provisions of the law. Having freedom of information as we are aware is not without its limitations, because where your freedom ends, is where another person’s freedom begins.
Let me leave you with this popular quote by Idi Amin Dada of Uganda who is credited with saying that.. “You have freedom of speech but freedom after speech, I cannot guarantee that.”
Comments by Essien Ndueso at the 2016 Day celebration of Mass Communication Students, Akwa Ibom state Polytechnic, Ikot Osurua.
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