Passage Of The Freedom Of Information Bill

 Daily Independent Editorial, 24th November 2006.

Praise of Folly, the classic written by the legendary Erasmus that chronicles the moral atrophy of his age, is a work with ageless essence. Juxtaposing his philosophy of rectitude in public office with the moral decadence of his time, he wrote as though he had Nigeria in mind, since public service here has exhibited much negativism. Nigeria has severally been adjudged one of the world’s most corrupt nations. Corruption, many say, is the unyielding obstacle in our country’s path to self-actualisation. Because, not only does it drain our scarce resources, it also frustrates all efforts at broader economic and social development.

Regrettably, beneficiaries of the system have over the years resisted attempts by the press to keep a tab on governance and official records. It is against this backdrop that we at Independent Newspapers commend the Senate for the passage of the Freedom of Information Bill (FIB) last week, though belatedly, having been sponsored about four years ago. The Bill will serve as a light in t he campaign for moral regeneration aimed at wiping out corruption from our system and inculcating in Nigerians the virtues of honesty, dedication and hardwork.

Most thriving democracies had instituted similar legislations in their respective countries decades ago. Lyndon Johnson’s ‘War on Poverty’ when he was President of the United States of America in the 1960s, motivated him to sign the Freedom of Information Bill in 1967. In signing the world’s first Freedom of Information Bill into law, after which subsequent ones have been modeled, President Johnson declared: "Government belongs to the people; therefore all government documents and processes also belong to the people." The deprivation of urban ghettos, the erosion of the public education system, the spiraling epidemic of drug addition among American youths, were among what inspired him to sign the bill. It is therefore lamentable that in spite of Nigeria’s claim to being the giant of Africa, it could not emerge as one of the first two African countries that had the Freedom of Information Act in place. Ghana and South Africa did.

We enjoin Nigerians to see the passage of the bill as a challenge for them to effectively monitor governance and make their leaders accountable to the people. When signed into law by Mr President, the Act will not only aid the Press and the public, it will also help the National Assembly in its oversight functions. In truth, the Bill ought to have been passed proactively as a precursor of the war on corruption, but was delayed apparently because the authorities saw it as a threat which would benefit only the Press.

We applaud the invitation extended to agencies and parastatals of government such as the Head of Service of the Federation, Nigeria Police Force, State Security Service (SSS), Nigerian Intelligence Agency (NIA), Nigeria Immigration Service, Economic and Financial Crimes Commission (EFCC), Nigeria Drug Law Enforcement Agency (NDLEA), National Agency for Food, Drug Administration and Control (NAFDAC), Nigeria Customs Service, Corporate Affairs Commission (CAC) and the Defence Intelligence Agency, to contribute to the Bill. By this, the activities of officers could be kept in check as they are accountable to the people.

The Freedom of Information Act will therefore make the activities of all public officers readily available to the Press and indeed the public at large at any point in time. It is our prayer that in spite of obvious handicaps, the Nigerian Press can still do more. Our system will benefit in the long run if media practitioners undertake more of investigative journalism which will help expose corrupt practices at all levels rather than relying wholly on official records. Also, officials who hold offices of public trust must accept the power that comes with an attendant responsibility. This includes accountability to the institutions being served and ultimately, to the public. Responsibility must be accepted for managerial incompetence and the attitude towards public property which is being held in trust must be clearly above board. To us, this is the only way in which we can begin to lay a foundation for a strong society, as well as a system of social and economic relationships based on the rule of law, public accountability and probity. Such foundations can only lead to the efficient running of the country and evolution of policies which will favour the overwhelming majority of the populace rather than the narrow interests of a cabal.

The unresolved controversy over the permissible limits of Press coverage and investigation of an individual’s life was bound to be accentuated by the circumstances leading to the delay in the passage of the Freedom of Information Bill. We need say, without doubt, that the Press has the bounden duty to inform, educate and entertain. But in none of these important responsibilities is a callous approach encouraged or justified. It is granted that there can never be unanimity in what can or should not be published. There is little doubt, however, that editors do recognise what is ethical and where decency terminates and obscenity sets in. But the right of the people to know what is going on in their government must include the right to know those who govern them. Therefore, to prevent a castration of the media and to make the passage of the Freedom of Information Bill stand the test of time, we urge government to abrogate the provision of any Stone Age laws from our Constitution and expunge any such laws from our statute books with immediate effect.

We are apprehensive about the pace of the courts in matters relating to release of information by government officials to individuals or the Press. We cannot be alarmist over the slow dispensation of justice in our system of adjudication, but we must acknowledge that it took almost three years for Peter Obi to regain his mandate in the 2003 governorship election in Anambra State. Besides, we must minimise the cost and pain of obtaining documents under the Freedom of Information Act, so to encourage citizens to utilise the instrument meaningfully.