Freedom of information act in Nigeria was adopted in order to develop and strengthen democracy. For a long time, its state in our country remained rather shaky. This document is an extension of the 39th section of the republican constitution. The administration of Goodluck Jonathan signed it on May 28, 2011.
For what purpose was the freedom of information act adopted?
This act was adopted to ensure that information is freely provided to the public. Citizens can now get all important data that concerns the running of the country. However there are some official information that needs to be made private for the sake of security. To make certain data public, special procedures must be followed and permits obtained.
Reasonable democracy can exist only when there is strict accountability of state institutions. The freedom of information act 2011 was created to guarantee such order.
World experience
Prototypes of the documents defending freedom of information appeared in different states at various moments in history:
- Perhaps the earliest example was drafted 250 years ago thanks to the activities of the Finnish citizen Anders Chydenius. He fought for democracy, humanism and equal rights for all citizens.
- Information law in Sweden appeared in 1766. Later its foundations were included in the national constitution of 1974.
- Also, a good example of the development of freedom of information is Colombia in the 19th century.
- In 1990, these views were supported in 13 states of the world where similar laws were enacted.
- At the end of 2015, similar constitutional provisions were adopted in 130 countries and became part of domestic legislation.
Origin of freedom of information act in Nigeria
The adoption of this law was due to the development of freedom of press. In 1859, the first newspaper in Nigeria called Iwe Irohin, was established. It remained the only printed publication until 1867. In the late 1980s, other newspapers emerged.
The British colonial government did not approve of such development and in the early 1900s began to oppress the Nigerian publications.
The colonial administration edited almost all the information and provided Nigerians with only those data that citizens were allowed to know. Then a bill was adopted called the Newspaper Ordinance. Soon, Seditious Offences Ordinance and some other decrees were issued.
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The situation improved after Nigeria gained independence in 1960. The Constitution provided citizens with legal freedom to express their opinions openly. However, this does not mean that all the restrictions that existed in the colonial times disappeared. An example is the Official Secrets Act of 1962.
Also, the armed forces' activities slowed down the development of freedom of information. Throughout the years of military rule, Nigerian citizens remained ignorant. The government data was kept strictly confidential. In accordance with a variety of laws, civil servants couldn't inform Nigerians of official figures and facts even though they directly affect their lives. This restriction of access was the task of the Official Secrets Act. According to this document, anyone who spread or even received government data automatically was considered as a criminal.
Limitations also included laws on public complaints and evidence, the Criminal Code, and statistics. Of course, all these decisions were not taken without significant reasons. Each of them was aimed at improving security.
But at the same time, the level of secrecy seemed excessive. In some cases, it was better to observe the measure in order protect the country. For example, newspaper articles that have already been submitted for public review could be considered as government documents. A paradox was created.
In addition, it was not entirely rational when one department of the government concealed information from another. They must work together to achieve a common goal. But the observance of state secrets contradicted this goal.
Because the laws were not well thought out when it came to the information world of Nigeria, chaos reigned. Representatives of non-governmental organizations and some interested citizens started drafting a law protecting freedom of information. As a result, the act which we are talking about in this article appeared.
The act has been thoroughly reviewed several times. Then in 1999, it was presented for consideration to President Obasanjo. On his recommendation, the law was granted to the National Assembly. However, 4 years of the legislative power passed and the act wasn't adopted.
After the inauguration of the 6th National Assembly, it was reintroduced and somewhat modified in the upper and lower chambers. Both chambers approved the updated version in May 2011. Goodluck Jonathan received it on May 27 and signed it the following day. Despite the fact that it has been 6 years already, the law has been formally adopted by only a few Nigerian states.
What has changed with the adoption of freedom of information act?
In accordance with this document, Nigerian citizens, whatever their age is, have open access to almost any government documents. To receive information, you just have to make a written application or express your desire orally. Unlike obsolete traditions, Nigerians can now defend their public interests and not be afraid to face opposition from the authorities.
Persons with disabilities and illiterate individuals can request information through their representatives.
If a government organization refuses to provide data, the applicant can refer the case to the court in order to obtain it. There is presumption for the disclosure of the state information in favor of the applicant. The burden of proving that such data should not be disclosed lies on the authorities.
Government organizations include all judicial, administrative and executive units, advisory bureaus, commissions, committees, and their subsidiary bodies whose activities are supported in part or in full by the funds provided from the national budget. Also, private companies are considered if the state has a controlling interest in their activities.
State institutions are to maintain a database of their activities and provide information about them to the general public. For this purpose, records are created and stored describing operations, structure, and creation of companies. Thanks to this, the public can get quick and easy access to the necessary details.
Also, the act describes the time frame during which the application must be considered, approved and processed or rejected. 7 days are given for the provision of the requested data. In case of refusal of the state institution, the applicant must know the reason for such decision. It must be stated in writing. If the applicant does not agree, he should file a claim with the court.
If the refusal is recognized as unfair, the organization bears a liability of 500,000 Naira. It is worth noting that the act does not specify who the recipient of the fine is.
If the head of a state institution or any official wipes out the requested information, he will face imprisonment for at least 1 year. The same goes for attempts to make changes to the information before providing it to the applicant.
Despite the fact that this document significantly increased the availability of information for citizens, it also has some limitations. Not all data held by the authorities can be requested. Its detailed list is given in the text of the law.
In general, the adoption of this act plays an important role in the formation and development of democracy in Nigeria. We hope it was interesting for you to know about the compilation and adoption of such important document.
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Source: Naija.ng
ROSY CREST
Wednesday 22 November 2017