Revisiting The FOI Act -By Ebere Chuks Onuedem

According to Chief Arthur Nzeribe in his book, ‘Nigeria: I believe’, “when the press is able to request for and obtain that information which it needs to serve its public better, no longer should actions, good or bad of public office holders remain hidden under a superficial and self-serving stamp of confidentiality”. There is no gain-saying that access to information has been one of the most serious handicaps to the exercise of a free press in our society. There cannot be true freedom of the press, since the press cannot truly perform its duties when it is, for selfish reason, constantly barred from access to information in other to prevent it from exposing scandalous activities, abuse of public office and other acts of public misconduct that have been characteristic of our national life. This was apparently the reason why three organizations; Media Right Agenda (MRA), Civil Society Organizations (CSO) and the Nigeria Union of Journalists (NUJ) in 1993, mooted an idea for the freedom of information law for Nigeria during the late General Sani Abacha regime.

But this battle for access to information on public institutions and government did not gain any significant progress until 1998 after a campaign to ‘legalize the right of access to documents and information in government custody as a necessary pre-requisite for effective freedom of expression was spear-headed by the organizations. Sadly still, all efforts at making the dream of having legislation on the freedom of information a reality were unsuccessful as the Gen. Sani Abacha government became more repressive and brutal and the law was never passed.

The necessary political atmosphere needed to revisit the issue finally surfaced after Abacha’s death in June 1998 and the emergence of General Abdulsalam Abubakar, who immediately embarked on a transition to civil rule. The FOI was first submitted to Nigeria’s 4^th National Assembly in 1999 when the country returned to democracy, but it did not make much progress. It however staged a comeback in 2003in the 5^th Assembly and was passed in both chambers in the first quarter of 2007, but it was vetoed by President Olusegun Obasanjo. The bill still found its way back to the 6^th National Assembly that same 2007 and was passed again by both chambers on May 24, 2011. The Freedom of Information (FOI) Act was finally enacted on May 28^th, 2011 following its signing into law by then-President Goodluck Jonathan. Its enactment was aimed at stemming the tide of a pervasive culture of secrecy in government policies and spending and to opening up space for Nigerians to ask questions about how they are being governed.

To many, the enactment of that law in 2011 was an indication that the nation had been equipped with vital tools to uncover facts, fight corruption and hold officials and institutions accountable for their deeds since, with the FOI, it became mandatory for institutions spending public funds to be open on their operations and expenditures while citizens will have the right to access information about their activities. The law would also protect whistleblowers who report wrongful conducts by their employers or organizations from reprisal.

Sadly, there are growing concerns that FOI has not been fully and effectively implemented more than ten years after it came into existence, as access to government information is still a tall dream notwithstanding the empowerment of the FOI Act. What appears to be a continuous pervasive culture of secrecy in government business coupled with the low level of public usage has remained a clog in the wheel of the Acts progress. The scarce demand for information pursuant to the law by citizens might not be unconnected with the belief that civil servants are not ready to abide by the right to access of information guaranteed by the Act.

First, in order for the Act to be effective, Nigerians’ attitude towards seeking information must be changed. An individual who is denied access to information can proceed to the court demanding for the court to compel the relevant authority to release the information. Human Rights Activists in the country can also do a lot to enlighten and aid the masses, so as to achieve improvement in FOI efficiency.

The act should be given more public awareness by the government and the relevant authorities in order to put an end to its under-utilization by the Nigerian populace. Whether or not a legislation will accomplish its desired duty depend largely on its usage by the people, Nigerians should therefore put the FOI to the desired test so as to determine its effectiveness.

Also, there should be re-orientation of the civil servants concerning the oath of secrecy as ‘the FOI Act overrides the official secret act’. They should be sensitized that things must not remain the same. The judiciary should step up in its responsibility in hearing any application filed pursuant to the FOI Act expeditiously as stated in the Act. Governors should also be pressurized upon to domesticate the FOI Act in their various states so as to make it closer to the people. The president should, as a matter of utmost importance, direct and compel the head of civil service to ensure adequate compliance with the Act if the war against corruption must succeed.