The FOI bill

The Sun, Editorial, Sunday, November 26, 2006

Almost seven years after the Freedom of Information (FOI) bill was initiated and submitted to the National Assembly and two years after the House of Representatives passed it, the Senate, on November 15, 2006, finally passed the contentious bill that is designed to remove the veil of secrecy in the conduct of government affairs.

The bill is now set for harmonization by the Joint Committee of the National Assembly after which it will be sent to President Olusegun Obasanjo for his assent. When signed into law, it will give the general public the right to access records and information held by public institutions. It is expected to facilitate the availability of public records to citizens in order to encourage more informed participation in public discourse and promote transparency and accountability by public officers, thereby aiding government’s anti - corruption war.

The bill, which is sponsored by a group of civil society organisations, provides for the protection of public officials from punishment for disclosing official information without authorization. It also spells out the process by which Nigerians can obtain public sector information.

The passage of the FOI bill by the Senate is a welcome development. It is the result of the commitment of its sponsors and all Nigerians to the passage of this important bill that will be invaluable in our fight against the corrupt tendencies of some public officials.

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 government agencies without having to demonstrate or prove any specific interest in the information being requested.

Although the freedom to access public information provided by this bill will still be abridged by certain existing laws like the Official Secrets Act, the Evidence Act and other laws that are designed to protect sensitive information in areas like defence, police and security investigations, national trade secrets as well as technical and scientific information with economic or security implications, the FOI law, when it becomes operational, will still be a major weapon in the battle against corruption as government agencies will no longer be able to hide their activities and financial dealings under the cloak of official secrecy.

Officials who refuse to disclose required information within a specified time limit, and without good reason, can be charged to court, where they risk a three- year jail term.

The passage of this bill is a piece of good news, especially for journalists and civil society organizations, which had hitherto been starved of public information that are germane to public interest. When passed into law, it will help stem the corruption that has been the bane of our national development, claiming millions of naira of our oil wealth, without corresponding improvement in the economy, public infrastructure and the standard of living of our people.

While we urge President Obasanjo to quickly assent to this laudable bill, we enjoin the polity to make good use of the opportunity the expected law will offer. There is the need for courage on the part of the media, civil society groups, students and all Nigerians to exercise their rights to demand for the hitherto unnecessarily classified information in the interest of the public.

For the media, getting the best out of the expected FOI law calls for the deployment of informed and mature men and women of integrity who will not abuse the new freedom to unnecessarily embarrass, malign or blackmail public officials.

The law imposes greater responsibility on media houses to re-train editors and reportorial staff on ethics, discretion and the best way to handle the new freedom to be offered by the expected law. The process of obtaining hitherto inaccessible information, which is stipulated in the bill, should be made clear to all.

We hope that this bill becomes an Act as soon as possible and that it is made to work to achieve the objective for which it was initiated and passed.