Senate passes Freedom of Information bill...

By Emmanuel Aziken and Ayodele Adegbuyi

Vanguard, Thursday, November 16, 2006

ABUJA—THE Senate yesterday passed the Freedom of Information Bill paving way for guided access by the public to details of government information not  specifically classified for security or related reasons.

The passage of the bill was immediately hailed by Senator Victor Ndoma-Egba, chairman of the Senate ad-hoc Committee on the FOI bill who said it would remove  all controversies around the official secrets act.

Also yesterday, the Senate ad-hoc Committee investigating the Petroleum Technology Development Fund (PTDF) yesterday gave a conditional acceptance of the  request by Vice-President Atiku Abubakar and all others potential witnesses to appear before the Committee. The Committee at a scheduled meeting said they  would only accept witnesses with information strictly pertaining to the assignment of the Committee.

In giving unhindered access to most government information by the public, section 2 of the bill provides:

“Subject to the provisions of this Act but notwithstanding anything contained in any other Act, Law or Regulation, every citizen of the Federal Republic of Nigeria, has  a legally enforceable right to, and shall, on application be given access to any record under the control of a government or public institution.’’

Individuals seeking any information according to the provisions of the bill need not give any reason for seeking information.

The range of information accessible to the public include details of receipt or expenditure of funds of any institution, contracts awarded and policy frameworks.

Section four of the bill passed mandates individuals seeking information to make written requests giving sufficient details to the government institution.

Section 13 of the bill, however, gives restrictions against the disclosure of materials that could be injurious to the conduct of the country’s international relations and  defence commitments.

Section 10 of the bill which forbids government officials from tampering with official information states thus:

“It shall be a criminal offence punishable on conviction with 3 years imprisonment for any officer or the head of any government or public institution to which this Act  applies who tries to either wilfully destroy any records kept in his/her custody or attempts to doctor or otherwise alter same before they are released to any person,  entity or community applying for it.’’