The Freedom of Information Bill: More burdens for mass media practitioners

By Folabi Kuti

The Guardian, Tuesday, November 21, 2006

ORDINARILY, tags such as 'Classified', 'Top Secret', 'Strictly Confidential' and like epithets that shroud a particular domain/repository of government's business with a veil of secrecy or confidentiality whet the public's appetite for information.

In developed parts of the world, the Fourth Estate of the Realm plays a pivotal role in bringing activities of the government and its agencies to the doorstep(s) /knowledge of all and sundry. In fairness to the media on this side of the divide, the functional role that the media is playing in these far-flung places is largely made possible by the presence of a corresponding enabling environment where such pieces of information are not discriminately gagged. The enormity of the Watergate scandal that eventually led to the resignation of President Richard Nixon (till date, the only U.S President to have resigned from office) on August 9, 1974 was triggered off by the investigative journalism of Bob Woodward and Carl Bernstein ( both of 'The Washington Post'). Put lucidly, there is a no-holds-barred access to proactive publication and dissemination of information.

In the developing countries, the story is significantly different. Corruption reigns supreme. And, with casual abandon, same is swept under the red carpet. The Press dare not look. Well, until recently! No thanks to the legislative reforms (and or proposals/moves at radical changes) that have of late been sweeping across South Africa, Botswana, Ghana, Kenya, Lesotho, Mozambique, and -wait for this-Nigeria. Yes, Nigeria! That is, if Mr. President signs into law the Freedom of Information Bill passed sometime last week by the upper legislative house.

When signed into law, the Freedom of Information Bill is the formal statute that guarantees all and sundry a maximum disclosure of publicly-held information and an unimpeded view of the activities of the government, its agencies and public bodies. It guarantees the citizens' right of access to government information. Government is brought open, and next-door. Public bodies shall keep their books open for public scrutiny. As far as official document is concerned, mum is no longer the word!

It is, indeed, a new day for freedom of information; thumbs up for media freedom, and a bold move towards good governance, transparency and accountability. As rightly pointed out by commentators, it will positively impact on the Federal Government's anti-corruption campaigns.

COMMENTS:

Expectedly, there are restrictions on the information that can be made public. At first blush, the pool of information exempted from the general right of access suggests that the Bill has 'taken back with the left hand what it gave with the right hand' (Yoruba transliterated). But, no. Even in the advanced nations of the world, sensitive matters dealing with state security, trade confidentiality etc are not brought within the open sesame of an Access to information legislation.

Furthermore, the Bill, when passed into law, will no doubt be met with stiff resistance in the face of its inconsistent provisions with certain federal laws on secrecy clauses. These include the Official Secrets Act, the Evidence Act, the Public Complaints Commission Act, the Criminal Code etc. Needless to say that legal arguments are not lightly drawn up to say that this latter legislation expressly repeal the older/inconsistent ones.

It is also pertinent to point out that an enabling legislation guaranteeing and or facilitating right of all persons to access information held by public authorities merely accords with the laudable provisions contained in Article 19 of the Universal Declaration of Human Rights and Article 9 of the African Charter on Human and Peoples' Rights.

The former provides that 'everyone has the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers'.

The similar provision in Article 9 of the African Charter says that 'every individual shall have the right to receive information and to express and disseminate opinions within the law'.

Nigeria, like most African countries, is a State Party to the African Charter; and, like every other nation of the world, is bound by the Universal Declaration of Human Rights.

According a constitutional flavour, the right of 'every person to freedom of expression, including freedom to hold opinions and to receive and impart ideas without interference' is also expressly provided in the nation's grundnorm. Refer Section 39(1) of the Constitution of the Federal Republic of Nigeria 1999.

Put differently, there is a constitutional provision for the freedom of information (or is it, expression?). The right of access to public information now guaranteed by the Bill is thus in accordance with this constitutional provision, and also in furtherance of the obligation imposed on the mass media in upholding the responsibility and accountability of the Government to the people. Section 22 of the Constitution.

Kuti practises law in Lagos.