APPRAISAL OF FREEDOM OF INFORMATION ACT IN NIGERIA
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APPRAISAL OF FREEDOM OF INFORMATION ACT IN NIGERIA
1.1 Background of the Study
The struggle for the establishment of a free press society has long been a topic of national debate, particularly among Nigerian journalists. This is primarily due to the importance of having legislation that ensures a high level of journalistic freedom. It appears that it cannot be disregarded, especially given the potential good impact on any society.
Many media scholars emphasised the necessity for a Nigeria Freedom of Information Act (FOIA). For example, Ogbondah (2003:128) observed previous to its enactment that:
“The National Assembly should enact or guarantee the press and members of the public the right of access to government-held information including computerised records.”
Similarly, the Media Right Agenda (2004:4) stated that if the FOIA Bill is approved into law as an Act of Parliament, it will make public records and information in the possession of any government–federal, state, or local–available to all Nigerians.
As a result, the Bill’s right to access official information will be legally enforceable; under the Freedom of Information Act, details of any transaction conducted in those offices can be obtained from Governors, Council Chairmen, Ministers, the President, or other public officers.
The law, it is hoped, will also provide protection to public officers who uncover the commission of a fraudulent act and disclose it, so preventing corruption among public office holders. Furthermore, Johnson, as reported by Ogbondah (2003:128–129), stated
that:
“A democracy works best when the people have all the information that the security of the nation permits, no one should be able to pull curtains of secrecy around decisions which can be revealed without injury to the public interest.”
Previously, the hurdles posed by anti-press legislation enshrined in the Nigerian constitution made news sourcing and dissemination appear impossible for journalists. This was nicely captured by the Nigeria Guild of Editors (2001:96), who remarked that:
“The press must be free from repressive laws in order to fulfil its responsibilities.” The achievement of this goal is based on the press’s freedom to function without interference.”
Unfortunately, the media, as the fourth estate of the realm and the watchdog of the leaders and the led, cannot perform this sacrosanct job without enough freedom to seek, gather, and publish information. Yalaju (2001:205), citing the functional component of the Freedom of Information Act, stated that:
“The right of access to information is aimed at strengthening the media by securing and protecting freedom of expression and the press particularly.”
Against the foregoing, the recently adopted FOIA tries to make information more accessible to journalists in the same manner that it is available to everyone else who requests information.
It is also envisaged that once the law is in place, the media will have access to more precise information, thereby improving the quality of media activity.
There is little doubt that the Nigeria Freedom of Information Act was developed in the context of international recognition of citizens’ rights to access information maintained by public organisations as a fundamental human right.
It is so useful to notice that the FOIA is one of the criteria for determining a truly democratic state. It goes without saying that democracy is most effective when the people have access to all of the information permitted under the nation’s constitution.
However, global leaders’ reluctance to incorporate the Freedom of Information Act into their laws has raised concerns. Unsurprisingly, Amadi (2003:5) suggested that:
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