Stakeholder applauds signing of FOI Law

Stakeholder applauds signing of FOI Law
Qasim Akinreti, Lagos

Stakeholders in the media industry, civil society groups and Nigerians have applauded the signing into law of the Freedom of Information Bill (FOI) by the Nigerian President, Goodluck Jonathan.

In his remarks, the Nigerian Guild of Editors (NGE), Gbenga Adefaye, said he received the news of the assent of President Goodluck Jonathan to the Freedom of Information (FOI) bill with gratitude to a president, who he noted, has kept his words.

President Jonathan had, during the last Presidential debate, made a public commitment to sign the FOI bill into law once presented to him by the National Assembly as a personal commitment to openness, transparency, accountability and good governance. President Jonathan has really started well with this sign-post for good governance.
 
By signing the FOI bill into law, the President has more than anyone else
 empowered the citizens to participate in the governance of their own
 affairs.

Unfettered access to information

Adefaye said people can now legitimately seek public information, corroborate their facts and make useful suggestions towards achieving greater good for the majority.

With access to information, citizens can fight corruption and closet government and confront the few who misappropriate our resources to themselves alone.
 
For the media, the signing of the FOI law has expanded the frontiers of press freedom for Africa’s most vibrant press. No more will it be permitted for the journalists to hurry to press with half-truth and misinformation when they can officially verify their facts.
 
While the NGE congratulates every Nigerian for this all important citizen’s law, it commended the out-going National Assembly for freeing the democratic space for citizens’ involvement in the democratic adventure and called on everyone to use the law, responsibly.
 
Consolidation of democracy

The Media rights agenda, Right to Know initiative and Open Society Foundations, described the Freedom of Information Act as signals of consolidation of Nigeria’s democracy.

The group said the long awaited legislation will aid anti-corruption, improve the efficiency and effectiveness of public institutions, support justice and ensure more open society.

The Executive Director, Media Rights Agenda, Edetaen Ojo, said: “The signing of the FoI Bill into law is the clearest demonstration ever of the power of civil society working together to influence public policy and initiate reform. We are committed to continuing our concerted efforts to ensure that the new law achieves its ultimate objective of making government work for the people.”  

In the words of the Coordinator of the Right to Know initiative, Ms Ene Enonche: "With the new law, Nigerians finally have vital tools to uncover facts, fight corruption and hold officials and institutions accountable." 

Under the new legislation, all institutions spending public funds will have to be open about their operations and expenditure while citizens will have the right to access information about their activities.  Whistle-blowers, who report malfeasance by their employers or organisations, will be protected from reprisals.

Institutionalising transparency

Nigerians have fought a long battle to institutionalise transparency and accountability as pillars of governance. The FoI bill was first submitted to Nigeria’s 4th National Assembly in 1999, when the country returned to democracy but it did not make much progress.

It returned to the legislative chambers in the 5th National Assembly in 2003 and was passed by both chambers in the first quarter of 2007. However it was vetoed by President Olusegun Obasanjo. It returned to both chambers of the 6th National Assembly in 2007 and was finally passed on 24 May, 2011.

A broad coalition of Nigerian civil society groups has long worked and advocated for the passage of the FoI Bill under the leadership of the Right to Know Movement, Nigeria, Media Rights Agenda and the Open Society Justice Initiative in partnership with its sister organization, OSIWA.

The contents of FOI Act

The Act has the following seven features
*     Guarantees the right of access to information held by public institutions, irrespective of the form in which it is kept and is applicable to private institutions where they utilize public funds, perform public functions or provide public services.
*        Requires all institutions to proactively disclose basic information about their structure and processes and mandates them to build the capacity of their staff to effectively implement and comply with the provisions of the Act
*        Provides protection for whistle-blowers.
*        Makes adequate provision for the information needs of illiterate and disabled applicants;
*        Recognizes a range of legitimate exemptions and limitations to the public's right to know, but it makes these exemptions subject to a public interest test that, in deserving cases, may override such exemptions.
*        Creates reporting obligations on compliance with the law for all institutions affected by it. These reports are to be provided annually to the Federal Attorney General's office, which will in turn make them available to both the National Assembly and the public.
*        Requires the Federal Attorney-General to oversee the effective implementation of the Act and report on execution of this duty to Parliament annually.

Williams