FOI Law will Inject Fresh Air into the Putrefied Atmosphere – Prof. Oyewo

“A freedom of Information legislation is the breath of fresh air needed to clear the putrefied atmosphere of corruption that pervades all facets of life in Nigeria”. This was the submission of Prof. Oyelowo Oyewo, a professor of Law at the University of Lagos, in a paper he delivered at the fourth AELEX Annual Lecture held on July 24, 2008 at the Agip Recital Hall, Muson Centre in Lagos. At the end of the lecture, participants generally agreed that Nigeria needs a Freedom of information Law to help combat the endemic corruption that has become the bane of Nigeria.

AELEX, is a firm of legal practitioners and arbitrators which was established in 2004 from the merger of four law firms which specilised in different aspects of law. It holds an annual lecture on topical national issues; this year’s edition has the theme: “Freedom of Information: Balancing the Public’s Right to Know Against the Individual’s Right to Privacy”.

Resource persons at the occasion included: Mr. Dele Olojede, the 2005 winner of the Pulitzer Prize for International reporting and Chairman, Timbuktu Media; Prof Oyewole Oyewo, Head of Department, Public Law, University of Lagos; Dr. Yemi Ogunbiyi, CEO, Tanus Communications; and Mr. John Momoh, Executive Chairman of Channels Television. Mr. Nduka Ogbaigbena, Chairman and Publisher of ThisDay newspaper Chaired and moderated the occasion.

In his paper, Mr. Olojede spoke on the secrecy in the conduct of governance in Nigeria. He said, secrecy legislation and the culture of secrecy in governance have negative impact in Nigeria. He summarized the FOI Bill, citing the exemptions contained in it, including that to personal information. He also listed the African countries with the law adding that Nigeria was not even looking to setting any records in Africa.

Dr. Ogunbiyi addressed the misconceptions being held of the FOI as being a media bill. He drew attention to the fact that the bill does not in any place make any mention of media or journalists but gives right of access to information to Nigerian citizens.

He said that there was already a lot of self censorship in the media, adding that the media, being a gatekeeper crosschecks whatever information comes to its hands for verification due to false information that people churn out and which would malign individuals but because of media discipline, these are not published.

He therefore urged the National Assembly to pass the Bill

Professor Oyewo, in his paper looked at balancing the public’s right to know with legislation on protection of privacy and personal data. He contended that the FOI Bill is a veritable tool to take this nation to the enviable height of development. He noted that the effects of corruption were made possible by secrecy, adding that the Freedom of Information Bill protected privacy of individuals but that it allows personal information to be disclosed if the public’s interest to know outweighs the protection of the privacy of the individual. He asked: what constitute public interest? He added that there will be need for judicial pronouncements in certain aspects of the Bill when it is eventually passed into law.

He suggested that the Nigeria’s version should adequately take care of protection of privacy and should be called the “Freedom of Information and Protection of Privacy Bill”.

Mr. Ladi Akeredolu-Ale, Channels Television news anchor represented Mr. John Momoh. He also noted that the FOI Bill is not a media bill, that there is need to sensitize the general public aside those who know and that the passage of the Bill will be the beginning of a longer journey to implementing it.

Mr. Nduka Iraboh, a Journalist, former member of the House of Representatives and a co-sponsor of the Bill in 1999 said there was the belief among the members of the National Assembly that journalists already have too much power.

Participants at the lecture agreed that everyone has a responsibility to push for its enactment, relate with the legislators the more.  If indeed we need the law, we need to lobby, cajole and pressurize them to pass the bill.