Media Rights Agenda Calls on National Assembly to Override

President Obasanjo’s Veto of the Freedom of Information Bill

ABUJA: Tuesday, May 8, 2007:   Media Rights Agenda (MRA) today called on the National Assembly to urgently exercise its powers under Section 58(5) of the 1999 Constitution to override President Olusegun Obasanjo’s veto on the Freedom of Information Bill and ensure that the Bill becomes Law before the expiration of its tenure.

In a Press Statement issued in Abuja, MRA’s Executive Director, Mr. Edetaen Ojo said:  “We plead with you not to allow Nigeria and Nigerians lose the immense political, economic and social benefits which the proposed Law holds.”

MRA urged the legislators to continue to participate actively in legislative proceedings until the end of the tenure of the current National Assembly and to vote in support of the Bill whenever it is tabled before the House of Representatives and the Senate.

Saying that the Bill enjoys widespread public support, Mr. Ojo told the legislators:  “You will recall how the House of Representatives was hailed by Nigerians when it passed this Bill in 2004 and how the Senate was again hailed for similarly passing it in November 2006.  This is clearly indicative of the deep and widespread public desire for this Law.  You can also judge this by the ceaseless expression through the media and other channels of mass communication of the public outrage and displeasure which has trailed the refusal of the President to assent to the Bill.”

MRA argued that none of the reservations expressed by the President can justify his refusal to sign into Law such a Bill, which has the capacity to ensure more transparent, accountable and participatory governance in Nigeria.  In particular, it said, the President’s discomfort with the requirement for judicial review of any refusal to grant access to public records and documents as contained in the Bill is inconsistent with the well-established role and power of the Judiciary in a democracy to review Executive actions and decisions.

The organization assured the legislators that the proposed Law would in no way undermine Nigeria’s security as it excludes sensitive types of information from public access, including information that may be injurious to national defence; information relating to the conduct of international affairs; information that can interfere with ongoing law enforcement investigations, prevent a fair trial, or undermine the security of penal institutions; personal information; and information that is subject to solicitor-client privilege, among others.

It expressed concern that if urgent action is not taken by the National Assembly to override the presidential veto, all the efforts put into the bill in the last eight years by members of the National Assembly and other stakeholders would have been lost.

MRA asked the legislators to seize the initiative, noting that by overriding the President’s veto, this National Assembly would have left a major legacy for Nigerians as it would put Nigeria in the league of some 70 countries around the world that have Freedom of Information Laws and will make Nigeria the fourth country in Africa to adopt such a Law, after South Africa (in 2000), Angola (in 2005) and Uganda (in 2005).  

Note to Editors:

·        The Freedom of Information Bill, when it becomes law, will give Nigerian citizens access to public records and documents, subject to certain exemptions specified in the Bill.  The categories of information exempted from public access under the proposed Law include: information that may be injurious to national security; information relating to the conduct of international affairs; information that can interfere with ongoing law enforcement investigations, prevent a fair trial, or undermine the security of penal institutions; trade secrets, financial, commercial or technical information that belongs to the government and has economic value; personal information; and information subject to solicitor-client privilege, among others.

·        The Bill was passed by the House of Representatives on August 25, 2004 and subsequently passed by the Senate on November 15, 2006.

·        Both versions of the Bill were harmonized by the Conference Committee of the National Assembly on February 14, 2007.  The harmonized version of the Bill was subsequently adopted by the Senate on February 21, and similarly adopted by the House of Representatives on February 27, 2007.

·        The Bill was transmitted to President Olusegun Obasanjo for assent by the National Assembly on March 23, 2007 through his National Assembly Liaison Officer, Senator Florence Ita-Giwa.  But the President has refused to assent to the Bill and returned it to the National Assembly without assent on May 2, 2007.

Under Section 58(5) of the 1999 Constitution, if each chamber of the National Assembly again passes the Bill by two-thirds majority, it will become Law and the assent of the President will no longer be required.
 

For further information, contact: Ene Enonche (Ms)

                 Tel: 09-4133771

Fax: 09-4133772

Mobile: 0803 451 6807

E-mail: ene@mediarightsagenda.org