Senate Passes FOI Bill

By Adetutu Folasade-Koyi, Snr Correspondent, Abuja

Daily Independent, Thursday, November 16, 2006

Senators on Wednesday passed two Bills. One revolutionises information dissemination, the other, the practice of accountancy.

They approved the Freedom of Information (FOI) Access to Public Records and Information Bill which lifts the cloak of secrecy off public institutions.

They shunned protests and passed the Bill on a new Institute of Certified Public Accountants of Nigeria (ICPAN) to regulate accountancy in the public service.

The FOI was passed after Ad-hoc Committee Chairman, Victor Ndoma-Egba, presented the report on it.

Of the 34 Sections, only Section 10, which deals with destruction and falsification of record, was amended. Others sailed through as recommended.

The Bill was initiated in 2002 and passed into law by the House of Representatives last December.

Ndoma-Egba explained that the Bill seeks to "provide a right of access to public information or records kept by government, public institutions or private bodies carrying out public functions for citizens and non-citizens.

"This will increase availability of public records and information to citizens … in order to participate more effectively in the making and administration of laws and policies, to promote accountability of public officers."

The Section amended initially stipulated that it shall be a criminal offence punishable on conviction with three years’ imprisonment for any officer or the head of any government or public institution – to which this Act applies – who tries to either willfully destroy any records kept in his/her custody and attempts to doctor or otherwise alter same before they are released to any person, entity or community applying for it.

Senators amended it saying the courts should be allowed to set the required number of years of punishment.

The main objective of the ICPAN Bill is to establish an institute for accountants, treasurers and finance officers in ministries, agencies, corporations, councils, and other public bodies.

It shall also prescribe standards and level of efficiency or experience required for the registration or election of members and secure a professional status to promote public accountability.

Before now, the Institute of Chartered Accountants of Nigeria (ICAN) and Association of National Accountants of Nigeria (ANAN) both regulated accounting practice.

Senator Ibikunle Amosun (PDP, Ogun), a chartered accountant and Fellow of ICAN, protested the approval because "it would lower standards."

He alleged that the Establishment and Public Service Committee, chaired by Felix Ibru, did not hold a public hearing and did not invite stakeholders to comment on the Bill.

"The danger in what the Senate has done today would lower standards in the accounting profession. Accountants in public service would now take over the accounting profession when most of them couldn't even pass ICAN examinations. The Ibru committee defaulted by not inviting ICAN to its public hearing," he insisted.

Ibru brushed it aside and insisted that the committee sought the views of stakeholders.

He argued that "when a bill is referred to my committee, we expect that the Senate would be the final arbiter. My committee restricts itself to submitting a report as directed by the Senate. Any complaint is directed to the Senate. This Bill wasn't handled in secret. ANAN sent in protest letters and we invited officials of ICPAN to defend the Bill. We brought stakeholders together.

"Besides, this is a Bill from the House of Representatives. We recognise that they have done some work already, and, also, that what we have done is a continuation of and complementary to what has been done already."

Clause 24 of the Bill stipulates that graduates of polytechnics should qualify for registration as graduate members, and post qualification experience should be reduced from 10 years to five years.

Ibru said the committee believes that, contrary to Amosun's fears, the ICPAN would enhance the practice of accountancy.