An “L” Guide to Understanding & Applying the Freedom of Information (FOI) Act, for Citizens &...
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An “L” Guide to Understanding & Applying the Freedom of Information (FOI) Act, for Citizens & Press Individuals Presented By Edem Dorothy Andah At the American Corner, Nigerian Society for Information, Arts & Culture On 3rd May, 2014, (to Mark the World Press Freedom Day)
An “L” Guide to Understanding & Applying the Freedom of Information (FOI) Act, for Citizens & Press Individuals Presented By Edem Dorothy Andah At the
An L Guide to Understanding & Applying the Freedom of
Information (FOI) Act, for Citizens & Press Individuals
Presented By Edem Dorothy Andah At the American Corner, Nigerian
Society for Information, Arts & Culture On 3rd May, 2014, (to
Mark the World Press Freedom Day)
Slide 2
BRIEF BIOGRAPHY Edem is a Rights Lawyer and Development
Practitioner who uniquely employs community radio as a platform for
advancing citizens legal empowerment and access to justice. She has
worked for five years in the field of human rights and development
through advocacy, litigation, youth initiatives and community radio
broadcasting. Since 2012, she has facilitated a community legal
help desk in the University of Ibadan Campus radio Station,
(Diamond 101.1 fm), which creates citizens enlightenment on basic
rights and offers legal empowerment for underserved women. In 2011,
Edem founded MAYEIN - Mentors Assistance for Youths &
Entrepreneurs Initiative, a registered organization, which promotes
leadership, civic education and enterprise development for
teenagers and youths in disadvantaged communities in, Oyo State,
Nigeria. Over 500 at-risk youths and potential school drop-outs
across Oyo State, have received motivation and training through
MAYEINs leadership, civic education workshops and mentoring
initiatives. Edem is also skilled in intellectual property law,
policy matters, media-led advocacy, creative writing and public
speaking as well as youth skills development and civic education
strategies. She gained a law degree in 2007 from the Obafemi
Awolowo University, Nigeria and was called to the Nigerian Bar in
2008. Edem received a Commonwealth prize in 2013 for an Essay on
the role of women in leadership. She has several published
articles.
Slide 3
Lets start by asking the Big question - WHAT is Freedom of
Information? Lets start by asking the Big question - WHAT is
Freedom of Information?
Slide 4
Freedom of Information simply put is the right of a citizen to
request and obtain information from public authorities and bodies.
FOI is a legally guaranteed right of access to government
information and makes government duty bound to publish and promote
openness to all her official records & duties Akpodiete, 2012
In Nigeria, Freedom of Information is established under the Freedom
of Information Act (FOIA), 2011.
Slide 5
Freedom of Information is based on the fundamental principle of
accountability and disclosure by all public authorities of the
manner in which public duties as well as public funds are managed
and correspondingly the citizens right to know. This Right is
essential for the proper functioning of a democracy. Freedom of
Information is the cornerstone in promoting democratic
participation and good governance. (Ladan, 2012)
Slide 6
Freedom of Information is a critical element of the
Constitutional right to freedom of expression and in most
democratic climes both rights are viewed as twin components
existing mutually and culminating into what is regarded as Freedom
of the Press. Article 19 of the Universal Declaration of Human
Rights provides for freedom of information and Press freedom
everyone shall have the right to freedom of opinion and expression;
which includes freedom to... Seek, receive and impart information
and ideas through any media, regardless of frontiers, orally or in
writing...
Slide 7
Lets ask another BIG Question - WHY is Freedom of Information
important?
Slide 8
The ANSWER is embedded in Chapter II of the Democratic
Constitution of the Federal Republic of Nigeria, 1999 (as amended)
which states the Fundamental obligations of the Government (which
includes security, health, education, welfare and social
conditions. economic planning and growth, proper income and wealth
distribution amongst others) and in turn the obligation of the mass
media to freely uphold the said objectives of government at all
times and uphold the accountability of the Government to the people
by providing information (see Section 22). Unfortunately, while it
lays down the principle, the said Chapter II of the Nigerian
Constitution is non-justiceable and thus unenforceable.
Establishing a Freedom of Information Act therefore became critical
to Nigerias Democracy!
Slide 9
The Success of a Democracy depends on Freedom of Information
Citizens can properly scrutinize public officials and services to
prevent corruption, indolence or ineptitude Enhanced Public debate
and informed input from citizens improves government decision
making and public service delivery Wide scope & Accuracy in
journalism/ reportage on matters of public interest resulting in
higher social responsibility and impact Citizens are able to make
informed voting choices during elections and public referendum for
passage of laws
Slide 10
In a democratic world, the public is expected to have access to
information particularly through the media not only on how they are
governed but also on anything that is of interest to the individual
or group... Afolayan, 2013 Access to information is basic to the
democratic way of life. The tendency to withhold information from
the people at large is therefore to be strongly checked UN Special
Rapporteur on freedom of opinion and expression
Slide 11
Some Major Benefits of Having a Freedom of Information (FOI)
Act 1.Openness, transparency and good governance through
accountability 2.Active Citizens participation in monitoring
governance and engaging in public policy debates, public referenda
by Legislature and improved voting patterns. 3.Robust and accurate
reportage of public interest information by the Press leading to
higher public enlightenment and elevated public debates. 4.Speedy
dispensation of justice due to better cooperation for release of
public records and securing witnesses, in the course of
investigations 5.Rapid social and economic development
Slide 12
Back Ground on the Situation before the Freedom of Information
Act, 2011 1.After many years of bitter military rule, a democratic
government headed by Former President Olusegun Obasanjo was sworn
in, in May 1999. 2.Despite the fundamental obligations of
government, enshrined in the Constitution and the principles of
democracy, core amongst which are transparency and public
accountability, there was no legal instrument to compel public
authorities and bodies to give account of their activities, or
expenditure conducted for the public interest. 3.Members of the
Press were denied access to public records thereby preventing them
from conducting journalistic investigations, verifying information,
and rendering detailed reports of government activities to the
public. 4.Public officials who disclosed public information or
records to journalists were subjected to sanctions or other
prejudice by the superior government officials.
Slide 13
5.There was a heavy culture of official secrecy and
non-disclosure amongst public authorities and institutions with
respect to public records. 6.A plethora of laws which were a legacy
from military rule and subsequently morphed into the Federations
laws, such as the Official Secrets Act*, Public Complaints
Commissions Act, the Statistics Act, the Evidence Act, even the
Criminal Code prevented civil servants from divulging official
facts and figures to members of the press or public. 7.Media
Organizations and Press houses routinely faced government intrusive
sanctions and unfair measures over any negative publication against
the government or its policies, regardless of the accuracy of such
reports.
Slide 14
Nigeria had (before the Act) regarded Freedom of information as
a luxury only practicable in the western world and other
established democracies. A culture of secrecy had become entrenched
in in Nigerian government and members of the public including the
media [are] always denied access to official information, which in
a democracy they should be entitled to. (Ekunno, 2001) I used to be
a newspaper journalist in Nigeria at the time of military rule, and
i found myself repeatedly being constrained from being able to
practice freely (Edetaen Ojo Media Rights Agenda)
Slide 15
This situation prompted certain civil society groups and
members of the Nigerian Union of Journalists to initiate the
Freedom of Information Bill. Notable spearheads behind the drafting
of the Bill and advocacy for its passage into law were Media Rights
Agenda (MRA), a Lagos based Organization led by Mr. Edetaen Ojo,
the Civil Liberties Organization and the Nigerian Union of
Journalists (NUJ), Lagos Branch. The Bill went through a tumultuous
period and faced major setbacks. After a series of prolonged
reviews and an infamous decline of assent by former President
Obasanjo, in June 1999, the Bill was finally signed into Law in
May, 2011, by President Goodluck Ebele Jonathan. Nigerians waited
11 long years until on May 28 th the President signed the Bill and
the Freedom of Information Act was born. Currently 3 States (Delta,
Ekiti and Lagos) have adopted the Act at State level. It is worth
noting that these States have extended the response time from 7
days to 14 days.
Slide 16
With the new law, Nigerians finally have vital tools to uncover
facts, fight corruption and hold officials and institutions
accountable (Enonche, 2012)
Slide 17
So whats so special about the FOI Act? Unique Features of the
FOI Act, 2011 1.Guarantees the right of access to information held
by public authorities and institutions, irrespective of what form
it is kept in. S.1 2.It is applicable to private institutions where
they utilize public funds to perform public functions or provide
public services. S. 2(7) 3.Requires all Institutions to proactively
disclose basic information about their structure and processes, to
maintain and keep proper records and to build the capacity of their
staff to comply with the provisions of the Act. S.2, 9 &
13
Slide 18
More Unique Features of the FOI Act, 2011 4.Provides protection
for whistle blowers against any prejudice contained in the Official
Secrets Act, the Criminal Code or other enactments. S. 27, 28 5.It
includes requirements for the information needs of illiterate and
disabled applicants. S.3(3) 6.Places no age bar or form of
restrictions on applicants who may include members of the press,
ordinary citizens or mere residents of the Country, who need not
demonstrate any specific interest. S.1 7.Recognizes a range of
legitimate exemptions to the publics right to know, but these
exemptions are made subject to what analysts describe as a public
interest test, which in deserving cases may override such
exemptions. S.12, 15, 16, 17, 19
Slide 19
More Unique Features of the FOI Act, 2011 8.It makes public
officials who are in default or criminal breach* of the Act, liable
to a fine of N500, 000, or a term of 1 year sentence respectively,
upon conviction by a competent court. S. 7 & 10 9.Requires all
public institutions to submit reports on their compliance with the
Act to the Attorney General who in turn is designated to oversee
the effective implementation of the Act and make annual reports of
the execution of this duty to the National Assembly. S. 29
10.Regarding its structure, the Act is simple and concise
containing 32 easy-to-read provisions as well as a brief
explanatory note.
Slide 20
So...What is the Procedure to obtain Information under the
Act?
Slide 21
THE PROCESS According to Section 3 of the Act, a person seeking
information from a public institution is simply required to make an
oral application before a designated official/or official in charge
of the public institution, who in turn is required to then reduce
the oral request into written form and within 7 days the
information must be provided to the Applicant. Where the Applicants
request is denied by a public institution or authority, the grounds
for refusal must be stated as well as the provision of the Act
relied upon and the right of the Applicant to seek a declaration on
the refusal by a competent court must be indicated in the notice of
refusal. Where another public institution has more direct/closer
connection to the information being sought, the public authority to
whom the Applicants request is made may, transfer the request to
the more interested public institution within 7 days from the date
of receipt of the request and issue a written notice of the
transfer to the Applicant
Slide 22
Challenges to Successful Implementation of the FOI Act, 2011
1.High levels of illiteracy across the Country have limited the
implementation of the Act. Efforts are ongoing to create public
enlightenment and also familiarize citizens with the provisions of
the Act and reorient the masses about their right to know.
Currently the FOI Act has been translated into some local Nigerian
languages such as Ijaw, Tiv and 2.A long tradition of poor record
keeping by public institutions has hampered the implementation of
the Act, and sometimes some records are simply difficult to find or
impossible to trace at all. 3.There is also a long history of
secrecy in public institutions caused by the long period of
military rule in the Country when there was no accountability to
the public. This ill in the system is slow to change and
unfortunately the system still covertly punishes whistle blowers.
4.Lack of digital records and technology data-base systems as well
as staff capacity in IT, results in clumsy manual records keeping,
cumbersome searches and undue delays to the process of attending
public requests.
Slide 23
Experience of FOI Act in USA: The Freedom of Information Act
was signed into federal law in the United States in 1966 by then
President Lyndon Johnson. It came into effect in 1967. All the 50
individual states of America have equally passed their own varying
versions of the FOI Act into state laws. Whilst American press,
citizens and residents enjoy a robust practice of freedom of
information, occasionally on the downside, Executive orders are
introduced by sitting presidents to limit the scope of operation of
the Act e.g. 1982 Executive order by President Regan creating
enormous exemptions with respect to national security, which were
later reversed by the Clinton Administration. In a similar vein
Executive order introduced under George Bush Administration in
2001, restricted access to records of former Presidents. This was
reversed by the Obama Administration. Further enactments operate to
strengthen the operation of the Freedom of Information Act, such as
the Electronic Freedom of Information Act, 1996, which mandates all
public agencies and institutions in America to make certain types
of records available electronically and further more to create
electronic reading rooms which will allow citizens and applicants
free access and use of these records.