Editorial
Waiting For The FoI Law
Last Thursday, the House of Representatives expeditiously passed the much-talked about Freedom of Information Bill. This was after one week of scrutiny and meticulous review by a joint committee of the House on Information and National Orientation, and Justice, and a consultative meeting with civil society groups to harmonise certain aspects of the bill.
Presented to the National Assembly in June 1999, the bill was first passed by the House of Representatives in August 2006, while the Senate gave its nod to the bill in October 2006. It was subsequently forwarded to former President Olusegun Obasanjo for assent. But the President denied assent to the bill at the expiration of his tenure in May 2007, causing its re-presentation to the National Assembly in 2007. Since then, the bill had been presented for consideration 11 times without success. However, last Thursday, the FoI Bill finally scaled all hurdles, and was thus passed by the House.
Chairman of the Justice Committee, Henry Seriake Dickson (PDP-Bayelsa), who presented the report for consideration on Wednesday, had said that the “bill was intended to increase the availability of public records and information to citizens of the country in order to participate more effectively in the making and administration of laws and policies, and to promote accountability of public affairs”.
After receiving the report, Dimeji Bankole, who presided over the plenary, quickly asked that the plenary be suspended, and moved to committee of the whole to consider the FoI Bill clause-by-clause.
At the committee of the whole, the bill which had 34 clauses, was reduced to 32 clauses, with clauses 12 and 18 deleted.
In clause one, the title, FoI was retained, which implies that the expected change of title to Access to Information was not recommended to the House. All two clauses of the bill, except clauses 12 and 18 were approved. The two clauses were deleted from the bill but clause 12 was said to have been captured in clause 11 of the bill.
The House of Representatives passed the bill after examining the report of its joint committee, to become law. It immediately afterwards, transmitted the bill to the Senate for concurrence before both chambers will harmonise the new law.
The Tide recalls that the bill seeks to make public information and records more freely available, ensure access to public records and information, protect public records and information to the extent that is consistent with the public interest, and also provides for the protection of personal privacy.
It also protects serving public officials from adverse consequences for disclosing certain kinds of official information without authorisation, and further establishes procedure for the achievement of set goals and related purposes.
In addition, the bill prescribes a three-year jail term for any officer of government found guilty of falsification or destruction of official information. In fact, it explicitly states, “it shall be an offence punishable with three years imprisonment for any officer of public institution to destroy, alter, falsify or deliberately misrepresent information kept in his custody”.
The bill also makes it possible for the public to be denied access to information that has to do with defence, international affairs, and matters under investigation by law enforcement agencies.
It equally makes it possible for people to be denied access to information relating to the economic interest of the country. Specifically, Section 15 of the bill states: “A public institution may deny an application for information that contains: trade secrets, financial, commercial or technical information that belongs to the government and has substantial economic value or is likely to have substantial economic value”.
The bill further makes it mandatory for every public institution to publish certain information concerning its operation even without request by anybody.
The Tide is gladdened by this realisation of the House that the bill is not meant for journalists alone, but for all Nigerians, including the ruling class, at the Executive, Legislative and Judicial spheres of government, as well as other public sector players. As former British Prime Minister, Winston Churchill, once said, “the truth is incontrovertible, malice may attack it, ignorance may deride it, but, in the end, there it is”.
We are, indeed, satisfied that members of the House of Representatives have realised the need to take the path of honour, with regard to their obligations to the electorate.
We, therefore, charge the Senate to give the bill accelerated hearing, and simply concur to the decisions of the House of Representatives on the bill, so that it could be transmitted to the president for assent.
The Tide also reckons that history awaits to emboss President Goodluck Jonathan in gold as the bold president who gave Nigerians the long cherished freedom and power to fight official corruption, promote sustainable democracy, good governance, transparency and accountability in government business, by assenting to the Freedom of Information Bill.
Leaders in the Senate and the Presidency cannot let Nigerians miss this opportunity to join the global community, where freedom of information, has been playing a key role in their development process. The time to act is now.
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WPFD: Nigeria’s Defining Test
Nigeria stands at a critical juncture as the world marked World Press Freedom Day (WPFD) on May 3. This annual observance is a reminder that a free press is central to democratic life, good governance, and public accountability. For Nigeria, it is also a moment for sober reflection on how far the country has come and how far it still has to go in safeguarding the independence of its media.
World Press Freedom Day exists to highlight the fundamental importance of freedom of expression and to honour journalists who risk their lives in pursuit of truth. It underscores the idea that without a free press, societies cannot function transparently, nor can citizens make informed decisions. In countries like Nigeria, where democracy continues to evolve, the observance carries particular urgency.
This year’s theme, “Shaping a Future at Peace: Promoting Press Freedom for Human Rights, Development and Security”, places journalism at the heart of global stability. It emphasises that a peaceful society cannot be built on silence, fear, or manipulated information. Rather, it depends on the free flow of accurate, timely, and independent reporting.
At its core, the theme highlights the role of journalism in fostering accountability, dialogue, and trust. These are not abstract ideals. In Nigeria, where public confidence in institutions is often fragile, the media remains one of the few platforms through which citizens can question authority and demand transparency. When press freedom declines, so too does public trust.
Journalism serves as a foundation for peace, security, and economic recovery. Countries with robust media systems tend to attract greater investment, maintain stronger institutions, and resolve conflicts more effectively. Nigeria’s economic challenges, ranging from inflation to unemployment, require open scrutiny and informed debate, both of which depend on a free press.
However, the issue of information integrity has become increasingly complex in the digital age. Artificial Intelligence (AI) and online platforms have amplified the spread of misinformation and disinformation. In Nigeria, where internet penetration has grown rapidly, false narratives can travel faster than verified facts. This makes the role of credible journalism more vital than ever.
The challenge is not only technological but also ethical. AI-driven manipulation of information threatens to distort public discourse, influence elections, and deepen social divisions. In such an environment, professional journalism must act as a stabilising force, ensuring that truth prevails over sensationalism and propaganda.
Equally troubling is the safety of journalists. Across Nigeria, reporters face growing levels of online harassment, judicial intimidation, and physical threats. Self-censorship is becoming more common, as media practitioners weigh the risks of reporting sensitive issues. This trend undermines the very essence of journalism.
A particularly alarming incident involved a serving minister in the present administration, who openly threatened to shoot a journalist during a televised exchange. Such conduct, broadcast to the public, sends a dangerous signal that hostility towards the press is acceptable. It erodes the norms of democratic engagement and places journalists in harm’s way.
This year’s theme aligns closely with the United Nations Sustainable Development Goal (SDG)16, which promotes peace, justice, and strong institutions. Freedom of expression is a cornerstone of this goal. Without it, institutions weaken, corruption thrives, and justice becomes elusive. Nigeria’s commitment to SDG 16 must therefore include genuine protection for the media.
Historically, the Nigerian press has been a formidable force. From resisting colonial rule to challenging military dictatorships, our journalists have played a central role in shaping the nation’s political landscape. Today, however, that legacy appears to be under strain, as the media operates under what can best be described as a veneer of freedom.
Beneath this facade lies a troubling reality. Journalists are routinely harassed, detained, and prosecuted for performing their constitutional duties. Reports from media watchdogs indicate that dozens of Nigerian journalists face legal threats or arrest each year, often for exposing corruption or criticising those in power.
The Cybercrimes (Prohibition, Prevention, etc.) Act of 2015 has become a focal point of concern. Originally intended to combat cyber threats, it has increasingly been used to silence dissent. Sections 24 and 27(1)(b), in particular, have been invoked to target journalists, bloggers, and social commentators.
Although amendments introduced in February 2024 were meant to safeguard journalists, concerns persist. The law continues to be wielded in ways that stifle investigative reporting and restrict freedom of expression. Legal reforms must go beyond cosmetic changes to address the root causes of misuse.
To safeguard the future of journalism in Nigeria, decisive action is required. The Cybercrimes Act must be revisited to ensure it cannot be weaponised against the press. Law enforcement agencies must operate free from political influence, upholding the rule of law and protecting journalists’ rights. Civil society and international partners must also strengthen independent media through funding, training, and platforms for wider reach.
In this rapidly evolving world shaped by artificial intelligence and digital innovation, Nigeria faces a clear choice. It can either allow press freedom to erode under pressure, or it can champion a truly independent media landscape. The path it chooses will determine not only the future of journalism, but also the strength of its democracy and the peace it seeks to build.
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