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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INEC’s Threat Alert Deserves Urgent Attention
The Independent National Electoral Commission’s (INEC) disclosure of an alleged plot to target its ad hoc personnel ahead of the 2027 general elections demand urgent national attention. The reported arrest of suspects, with intelligence support from the Department of State Services (DSS), is encouraging, but must not breed complacency. Any attack on electoral workers threatens not only human lives but also Nigerians’ constitutional right to choose their leaders through credible elections. The alleged conspiracy must be thoroughly investigated, its sponsors identified and all those found culpable prosecuted.
Particularly troubling is the reported targeting of National Youth Service Corps (NYSC) members, who play a vital role in Nigeria’s electoral process. Many serve far from home and undertake sensitive assignments at polling units and other electoral locations. As civilians, they should not be exposed to intimidation, abduction or violence without adequate protection. If election workers are vulnerable, the safety of other officials, observers and voters cannot be guaranteed.
Nigeria’s electoral history offers painful lessons. Human Rights Watch reported in Nigeria’s Post-Election Violence, published in May 2011, that more than 800 people died in the violence following the 2011 general elections. NYSC members serving as electoral officials were among the victims. This tragedy underscores the deadly consequences of political tension, incitement and disputed outcomes. Nigeria must act on the latest warning before another preventable disaster occurs.
INEC deserves recognition for uncovering the alleged plot, while the DSS and other security agencies merit commendation for their reported assistance. However, arrests are only the beginning. Investigators must establish the suspects’ identities, motives, networks and intended targets, ensuring that evidence is admissible in court. The process must remain impartial and free from political interference. Credible public updates are also necessary, provided they do not compromise investigations or operational security.
The authorities must adopt a comprehensive, intelligence-led security strategy for 2027. INEC’s proposed security conference should produce practical measures developed in collaboration with the Inter-Agency Consultative Committee on Election Security (ICCES), the police, the DSS and other relevant agencies. Threat assessments should guide personnel deployment, secure transportation, emergency communications, evacuation procedures and rapid response. Protection must extend beyond polling day to the distribution of sensitive materials, collation centres and the safe return of ad hoc personnel.
Those who provide intelligence must also be protected from retaliation. Confidential reporting channels and appropriate safeguards should be established for informants and others assisting investigations. Equally, security deployments must not intimidate voters or facilitate political repression. Personnel should act professionally, impartially and proportionately, within the law. Clear mechanisms for reporting misconduct and investigating abuses are essential to maintaining public confidence.
The threat also highlights broader concerns about trust in the electoral system. The European Union Election Observation Mission’s June 2023 final report identified shortcomings in transparency and operational implementation during Nigeria’s 2023 general elections, alongside concerns about the legal framework and electoral dispute resolution. Credible elections require more than security; they depend on transparent procedures, accountable officials and consistent enforcement of electoral laws. INEC must demonstrate measurable progress in addressing previously identified weaknesses.
Voter apathy presents another challenge. INEC’s published figures indicate that approximately 25 million people voted in the 2023 presidential election, out of about 93.5 million registered voters, a turnout of roughly 26.7 per cent. Although insecurity is not the sole cause of low participation, threats against electoral personnel can heighten public anxiety and discourage voters from exercising their franchise. INEC should strengthen civic education, improve polling accessibility and communicate procedures clearly. Political parties, civil society and the media must promote peaceful participation and reject electoral intimidation.
Misinformation and manipulated digital content pose additional risks. False reports, fabricated announcements and deepfake videos can inflame tensions, impersonate officials and mislead voters. INEC should establish a well-resourced, rapid-response communication system supported by verified digital channels and timely public statements. Collaboration with credible media organisations and fact-checkers would help counter falsehoods without suppressing legitimate criticism. Clear, consistent communication is indispensable, as administrative confusion and delayed explanations often allow rumours to spread.
Electoral integrity must also begin within INEC itself. The chairman’s warning against partisanship, negligence, extortion and ethical misconduct deserves serious attention. Security measures cannot compensate for officials who abuse their positions or disregard established procedures. INEC should strengthen staff training, ensure transparent recruitment and deployment, provide secure channels for reporting misconduct and enforce disciplinary rules consistently. Allegations of bribery and political interference must be investigated regardless of rank, while ad hoc personnel should receive adequate briefing, support and prompt payment.
The legal framework also requires clarity and consistent enforcement. INEC should explain the precise provisions and applicability of Section 26 of the Electoral Act 2026, including the obligations of electoral officials and security personnel, and publish authoritative guidance on neutrality and professional conduct. Complaints by opposition parties that they have been prevented from campaigning in certain states must likewise be investigated impartially. Any established violations should attract appropriate corrective action. Electoral fairness requires not only impartial polling officials but also lawful campaigning, access to competing viewpoints and freedom from intimidation.
The alleged plot against INEC’s ad hoc personnel is a warning against complacency ahead of the 2027 general election. Governments, security agencies, INEC, political parties and civil society must work together to prevent violence, punish misconduct and protect citizens’ participation. The commission should communicate its security priorities, maintain accessible threat-reporting channels and provide periodic updates on preparedness. Nigeria’s democracy cannot be safeguarded by assurances alone; it requires demonstrable preparation, impartial law enforcement and an unwavering commitment to free, fair and credible elections.
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