Opinion
FOI Bill: Three Hurdles Left (1)
More than 11 years after the Freedom of Information Bill first made appearance on the floor of the National Assembly as a private legislative initiative, precisely in July 1999; the bill has finally scaled the hurdle of both chambers of the National Assembly, after nearly four years of its re-introduction in 2007. The House of Representatives had passed the bill on February 24, 2011, while the Senate passed its own version of the bill on March 16, 2011.
The House had had a clause-by-clause consideration of the report submitted to it by the joint committee on information and orientation as well as justice. Just as it played out on February 24 in the House, it took the Senate barely 30 minutes to pass the bill on March 16, after its clause-by-clause deliberation on the report of its information and media committee a day earlier. Both the House and Senate renamed the bill, Right of Information Bill 2011.
Nevertheless, since both versions of the bill passed by the House and the Senate are slightly different, a joint harmonization committee would have to review the two versions to agree on the final document, which will then be transmitted to President Goodluck Jonathan for his assent.
Thus, the bill now awaits the joint harmonization committee of the National Assembly, which will meet after resumption of plenary at the end of their current recess sometime in April. The Senate has already set up its 6-man harmonization committee made up of Information and Media Committee Chairman, Senator Ayogu Eze as head of the conference committee. The House will constitute its’ when members resume in April. The National Assembly members are on recess to participate in the electioneering campaigns and the April elections.
The bill as passed, in the main, seeks to provide a right of access to public information or record(s) kept by governments or public institutions or private bodies carrying out public functions for citizens in the country. It is 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 in public affairs.
Other aims include protecting public records and information to the extent consistent with the public interest and protection of personal privacy. It also seeks to protect serving public officers from adverse consequences for disclosing certain kinds of official information without authorization.
Clause 2 of the Senate version of the bill, specifically states: “Every citizen of the Federal Republic of Nigeria has a legally enforceable right to, and shall, on application, be given access to any information or record under the control of a government or public institution or private company performing public functions, provided the disclosure of such information or release of such record(s) shall not compromise national security”. Among other things, the bill will establish a (new) right for any person to request information, “whether or not contained in any written form which is in the custody or possession of any public official, agency or institution”.
According to section 5, where information is applied for under the Act, the public institution shall, within seven days after the application is received, make the information available to the applicant. It further indicates that, a person denied access to any information may, however, sue the public institution within 30 days of the notice of denial and the court is mandated to hear the case summarily under the Act. The bill adds that, it is an offence punishable by three years imprisonment, under the Act, for any officer of a public institution to destroy, alter, falsify, or deliberately misrepresent information kept in his or her custody.
However, the bill, like any other piece of legislation, has some restrictions, which include access to information on defence issues, cases under investigation by security agencies, and others classified under “national economic interests”. In fact, the bill states that the government shall deny access to, “(a) trade secret, financial, commercial or technical information that belongs to the government which has substantial economic value or is likely to have substantial value; and (c) proposal and bids for any contract, grants or agreement, including information which, if it were disclosed, would frustrate procurement or give an advantage to any person”.
Before now, the nation has no law, which guarantees citizens’ access to public records and information. On the contrary, a number of colonial laws such as the Official Secrets Act, the Criminal Code and the Penal Code have secrecy clauses prohibiting the disclosure of information by public officials. The general consequence is an entrenched culture of secrecy and arbitrariness in government institutions.
The bill had been packaged by the Media Rights Agenda (MRA), the Right to Know (an Open Society Foundations grantee) and ActionAid, which later partnered the Nigeria Union of Journalists (NUJ) in order to get the media to buy into the bill and to support its passage. The core rationale for the bill was to make a law that allows the citizens to participate actively in governance, eliminate secrecy, bureaucracy and officialdom in matters of public affairs.
Of course, the bill was crafted to assist curb government and administrative recklessness, abuse of office and power, profligacy, impunity, irresponsibility, mal-governance and chicanery, tyranny and bellicose nature of state actors. It was meant to tone down the authoritarian nature of Nigeria’s nascent democracy, promote transparency and accountability, and enhance efficiency and effectiveness in the conduct of government business. Deep-seated in the minds of the originators was also need to collectively fight official corruption, and above all, entrench good governance in Nigeria.
It was first introduced as a non-member bill by the Media Rights Agenda but was denied passage at the House and Senate. It was re-committed in 2003 as a private member bill, and was eventually passed by the House in July and the Senate in October 2006. It was transmitted to President Olusegun Obasanjo in 2007 but he declined assent, claiming it contained certain clauses that were against national interest and security. The bill began a fresh journey in the National Assembly in 2007 after it was re-introduced by Hon Abike Dabiri-Erewa (ACN-Lagos), a former journalist, and four other lawmakers.
Before the bill was passed, it had suffered several set backs – appearing almost 11 times on the Order Paper between 2007 and last month, it was the longest on the floor of the National Assembly, and indeed, the one piece of legislation that attracted the most interest and controversy. In fact, it is one bill that attracted more than 15million signatures in 2008 across the country demanding its passage. While it suffocated on the shelves of the National Assembly, a section of the lawmakers had accused the other of attempts to bury the bill while others had said its proponents were only overheating the polity, with some using the legislative jargon, “surplusage”. Outside, business interest promoters, journalists, civil society groups, lawyers, the academia, among others, had drummed support. While some members of the political class had pushed for its passage, others had been critical of the bill, saying it was an over-kill.
Nelson Chukwudi
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