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.
Editorial
That Oshiomhole’s Call On FG’s Road Projects
There are moments in the life of a legislature when plain speaking becomes a public service. Senator Adams Oshiomhole provided such a moment on the floor of the Senate when he accused the Minister of Works, Senator David Umahi, of manifestly neglecting critical federal arteries in Edo and Delta States, and implored his colleagues to prevail on the Minister to adopt a more equitable and genuinely national approach to road infrastructure delivery. It was blunt, it was uncomfortable, and it was necessary.
The specifics of his complaint deserve restating. Drawing attention to the recent approval of some 20 new road projects despite the parlous state of existing ones, the former Edo State governor lamented that Nigerians cannot travel from Benin to Warri, Benin to Asaba, Benin to Auchi, or Auchi to Okene without encountering severe distress. He alleged a deliberate omission of these corridors from the national budget in the last three years, save for palliative interventions directed by President Bola Tinubu through tax credit arrangements. His question — “What have we done wrong?” — resonates far beyond the chambers of the National Assembly.
We lend our full and unequivocal support to that call. The Auchi-Benin Road, for instance, has been in a deplorable and near-impassable condition for several years, turning what should be a two-hour journey into an all-day ordeal of broken axles, extortionate fares, and despondent commuters. The media have, on multiple occasions, chronicled the suffering of motorists, traders, and students who ply that route. To describe it as a federal road today is to stretch the meaning of the term beyond recognition.
This pattern of sidelining is not confined to Edo or Delta. Even here in Rivers State, the disposition of the Federal Ministry of Works has left much to be desired, particularly along the Eleme axis of the East-West Road. That road, which ought to be a flagship of federal presence in the Niger Delta, has remained in a wretched state for long. Those who use it daily — workers at the Eleme Petrochemical Complex, the two refineries, Onne Port, and the countless ancillary industries — can attest to its deterioration. Work has proceeded in fits and starts without the sustained urgency such a strategic road demands.
The Eleme stretch is not a mere intra-state byway. It is the gateway to the nation’s economic jugular. According to the Federal Ministry of Works and Housing’s 2023 Highway Condition Survey, only about 35 per cent of the country’s 36,000 kilometres of federal roads are rated as being in good or fair condition, with the remainder classified as poor or very poor. The East-West Road, conceived in the 1970s to bind the entire Niger Delta, remains unfinished in critical sections more than four decades after. If it had been treated as a priority, the perennial gridlock, carnage, and economic loss on the Eleme-Refinery junction would have long been consigned to history.
The irony is as painful as it is glaring. The Niger Delta remains the goose that lays the golden eggs. Data from the Nigeria Extractive Industries Transparency Initiative [NEITI 2023 Oil and Gas Audit] show that the region still accounts for over 78 per cent of Nigeria’s federally collected export earnings and about 65 per cent of total government revenue. The National Bureau of Statistics [NBS Foreign Trade Report Q4 2024] similarly confirms that crude oil continues to dominate export receipts. By every metric of equity and economic logic, a region that sustains the national purse deserves first-rate consideration in the allocation of infrastructure, not afterthoughts and tokenism.
Road infrastructure is not largesse to be dispensed by favour; it is the skeleton upon which commerce, cohesion, and citizenship hang. When contracts are concentrated in one geopolitical zone while other zones are left to contend with craters, it erodes trust in the federation itself. The World Bank’s Nigeria Development Update [June 2023] estimated that poor transport connectivity inflates the cost of moving goods by up to 40 per cent and costs the Nigerian economy an estimated $1.5 billion annually in lost man-hours and vehicle maintenance. If we profess to be one country, then equity must be the compass that guides key institutions before any project is executed. Development must spread round, not pool in one place as though other regions do not matter.
There is also a grave security dimension that can no longer be ignored. The deplorable condition of federal roads has become a veritable enabler of criminality. The NBS Crime Experience and Security Perception Survey reported over 2.5 million incidents of kidnapping-related occurrences nationally, with transport workers identifying bad road spots as prime ambush points. When vehicles are forced to crawl at 10 kilometres per hour through failed sections at Auchi, Sapele Road, or Eleme, they become sitting ducks for armed gangs. Fixing bad roads, therefore, is not merely about convenience; it is about safeguarding lives.
By his intervention, Senator Oshiomhole has hit the nail on the head and reminded Minister Umahi of a fundamental constitutional truth: public office is held in trust. The Ministry of Works is not a personal estate where contracts are awarded according to whim or political convenience. It is a national institution funded by the collective resources of Nigerians, including the oil and gas rents from the very communities whose roads are now neglected. The Minister must demonstrate balance, transparency, and a pan-Nigerian outlook in the distribution of projects that impact the daily existence of citizens. Selective neglect breeds suspicion, and suspicion is corrosive at a time when the nation is preaching unity, oneness, equity, and justice.
Consequently, the National Assembly must go beyond rhetoric and assert its oversight powers with vigour. Sections 88 and 89 of the 1999 Constitution [as amended] empower the legislature to investigate and expose any maladministration in the execution of federal projects. If an office holder is not acting rightly, it is the duty of the Senate and the House of Representatives to call him to order. Oversight must not be reduced to budget approval ceremonies; it must translate to field verification, public hearings, and insistence that the Federal Character principle, as enshrined in Section 14(3) of the Constitution, reflects in road awards.
Let the Auchi-Okene, Benin-Warri, Benin-Asaba, and Eleme East-West gangways be restored to motorable dignity. Let priority be given to completing existing, economically vital roads before embarking on new ones. If those who, through their resources, sustain the federation are sidelined in the distribution of tangible dividends, it tells poorly of our nationhood. Bad roads must be fixed, and they must be fixed now, with fairness as the guiding standard.
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