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Better Days Are Here

By Joseph Onyekwere

Newswatch magazine, December 18, 2006

 

The passage of the Freedom of Information, FOI, Bill by the National Assembly is hailed nationwide as the best thing that has happened to the media in Nigeria

 

The recent passage of the Freedom of Information, FOI, bill by the upper chamber of the National Assembly has continued to generate positive reactions from eminent Nigerians.

 

Victor Ndoma-Egba, senate committee chairman on Information, who presented the report to the Senate provided the platform for the public discourse when he spoke on the thrust of the bill. He said the bill provided right of access to public information or records kept by government, public institutions or private bodies carrying out public functions for citizens and non-citizens. It was passed with minor amendments.

 

Lanre Arogundade, director, International Press Centre, IPC, told Newswacth that the passage of the bill would remove the erstwhile hindrances that inhibited the activities of the media. The bill would open up a new vista for investigative reporting and provide the citizenry the opportunity to access public records. “Now we should be able to have factual, accurate and balanced reporting,” he said. He, however, added that it was not going to be freedom all through because journalists would have to be trained on defamation laws. Arogundade said the bill, when signed, would increase public participation in governance, adding that provisions should be made to enforce compliance when public servants hoard information.

 

Fred Agbaje, Lagos-based constitutional lawyer, told Newswatch that the bill when assented to by the President, would serve as a check to executive excesses and professional rascality that had characterized governance. “It will make the government accountable to the electorates, who have the constitutional sovereignty: The people can call on any government official to account,” he said. The bill will make the work of the security agencies such as the Economic and Financial Crime Commission, EFCC and the Independent Corrupt Practices and Other Related Offences Commission, ICPC, much easier. He called on the government to liaise with the citizenry and the civil society groups to ensure implementation. On the part of the media, Agbaje said the door was then open for the media to play a pivotal role on the fight against corruption. “The media can now go all out to carry out investigative journalism,” he said.

 

Wahab Oba, chairman, Nigerian Union of Journalists, NUJ, Lagos Council, described the passage of the bill as the best thing that had happened to the Nigerian journalist.  Oba said though the bill made it an offence to hoard information from the media, the content of the bill must be studied by journalists for proper understanding. He said, there should be appropriate authorities to monitor compliance since implementation was the major problem confronting laws in Nigeria. He explained that people can now ask questions and get answers from the government and expressed the need for the people to educate themselves on the contents of the bill to help them to enjoy the rights and privileges it guarantees them.

 

Francis Ekanem, chairman, Nigerian Bar Association, MBA, Uyo branch, told Newswatch that the media are the greatest beneficiary of the bill. He said the media were then in a position to report the government without fear. “The tribulation that journalists faced before now would be overcome when the law comes into existence. It sets them free from the shackles of repression.  It will make the media to be vigilant and dynamic,” he said.  Ekanem noted that before the passage of the bill, there were laws which made it impossible for the society to be aware of what was happening in governance, adding that the bill has opened the doors for active participation by the citizenry in governance.

 

The bill was initiated and submitted to the National Assembly by the Media Rights Agenda and other civil society groups in 1999. The House of Representatives passed the bill two years earlier. The joint committee of the National Assembly has to harmonise the bill, before sending it to the president for assent.

 

When assented to by the president, the law would make records and information in the custody of any government officials more freely available to every person in Nigeria.  It is also expected to facilitate the availability of public records to citizens in order to encourage more informed participation in public discourse, promote transparency and accountability by public officers as well as protect public officers from punishment for disclosing official information without authorization.

 

With this bill, Nigerians can access information on the cost of suspicious government projects, demand to know how funds earmarked for public projects are expended and obtain information on the activities of public agencies without having to demonstrate or prove any specific interest in the information being requested.

 

But the freedom to access public information provided by the bill would be abridged.  Information on defence, law enforcement investigations, national trade secrets, international affairs, technical and scientific information with economic or security implications would be precluded.
 

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© Freedom of Information Coalition (FOIC) 2006