Intersection of open data and freedom of information. Pdf an appraisal of the freedom of information act foia in nigeria. This act makes public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal. Challenges that are confronting the implementation of the act are. The availability of timely and accurate information from authentic sources can help in boosting national development. An appraisal of the freedom of information act foia in nigeria.
Nigerias freedom of information foi act was signed into law on may 28, 2011, after the longest legislative debate in the history of nigeria. The freedom of information act, or foia, was signed into law by president lyndon johnson in 1966, giving the public the right to access records from any. Act, 2011 in nigeria abstract the freedom of information act is the law that gives citizens the right to access information from government institutions and agencies. Nigeria foi was enacted in 2011, foi is an act to make public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences of disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes. This paper examines the freedom of information act in nigeria with a view to pointing out its strength and the challenges for its effective implementation. Citizens knowledge of public affairs was extremely poor, all because. How to make a freedom of information request in nigeria. Five months ago when president goodluck jonathan signed into law the freedom of information bill, many nigerians were quick to observe that the document comes with so many deficiencies. The freedom of information act foia generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions. This study therefore is to examine the level of acceptance of the freedom of information act among the. Federal republic of nigeria, was signed into law on 28th may. Evaluative study of the freedom of information act on. Department of mass communication delta state university, abraka, nigeria abstract this paper takes another look at the state of press freedom in nigeria, given fifteen years of uninterrupted democracy in the country. Freedom of information act 2011 laws of the federation of nigeria an act to make public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent.
Nigeria were asked to respond to questions of awareness and use of open data and the freedom of information foi act. It is often described as the law that keeps citizens in the know about their government. Below is the full text of the freedom of information act in a form showing all amendments to the statute made by the foia improvement act of 2016. This commentary was posted june 29, 2015, on the website of center for social justice in nigeria. By ayodele afolayan introduction freedom of information, specifically access to information held by public authorities is a fundamental element of the right to freedom of expression and vital to the proper functioning of a democracy. The twoday national conference on the theme freedom of information act 2011 and the fight against corruption and corporate fraud in governance, organized at abuja, was the institutes way of lending its voice to the federal governments fight against corruption and corporate fraud using the foi act as a point of reference.
Objective of the study this study focuses on the newly passed freedom of information act in nigeria. Freedom of information act foi, foi coalition, nigeria, nigerian press, nigerian mass media introduction. I have observed that there is increasing frustration or at least a shift in focus internationally from the adoption campaigns of the last two decades or so in favour of exploring the challenge of ensuring more effective. Extension of time limit for granting or refusing application 7. Mil, freedom of information act foia and film industry in nigeria. Pdf commentary on nigerias freedom of information act. Freedom of information act central bank of nigeria. Malgwi2, bulama kagu3 and ibrahim danjuma4 1 department of business management, university of maiduguri nigeria 2 bursary department, university of maiduguri, 3department of education, university of maiduguri, 4faculty of. For example, we have the official secrets act, evidence act, the public complaints commission act, the statistics act, and the criminal code.
Current status, challenges and implications for news media. After a decade of consistent and fearless advocacy by civil society and media practitioners, the newly elected president of. Nigeria freedom of information act 2011 and its implication for records and office security management ayuba a. Freedom of the press the word press means all the media of mass communication. Article 19 welcomes the adoption of the freedom of information act in nigeria in may 2011. Right to freedom of expression the right to freedom of expression is guaranteed and protected in section 39 of the 1999 constitution of nigeria in the following terms. However, considering the length of time and the rigours that brought the act to life. Abstract freedom of information foi refers to the right which citizens in a society are expected to have to access information held by government institutions and officials. Another fundamental issue that affects the freedom of information act is some other media laws that are still fully operational in nigeria. The foia applies to records either created or obtained by an agency and under agency control at the time of the foia request. The freedom of information act foia is a law that gives you the right to access information from the federal government. In august, 2011, another organization, the nigeria association for the care and resettlement of offenders nacro, citing the foi act, approached the ogun state government for information on the concessioning of governmentowned gateway hotels. The relevance of nigerias freedom of information act 2011 to the.
Right to access to records the act indicated that every citizen of nigeria is entitled to have access to any records under the control of the government or public institution provided he apply for and. Nigeria foi was enacted in 2011, foi is an act to make public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences of disclosing certain kinds of. Nigeria freedom of information act 2011 and its implication ipedr. Pdf his paper examines nigerias freedom of information act, with special interest in the opportunities and challenges therein. The researcher consulted secondary sources such as books, journals, and magazines for the collection of data. Similarly, an understanding of the provisions of this act can help citizens ask the relevant questions and engage government and government. It exposes the flaws of the freedom of information act and the likelihood effects it will have on nigerians. So far, only few states in nigeria have adopted the freedom of information act at state level. Prospects and challenges preye kuro inokoba department of political science niger delta university, p. Foi is an act to make public records and information more freely available, provide for. All newly enacted provisions in boldface type replace the strikethrough text. Nigeria, information, go to gra area of ib talk say you want access as nigerian to the governor then see wetin u go see, \.
The results show that respondents who were aware of nigerias 2011 foi act made the link with open data practice but indicated that citizens were not taking enough advantage of the act. Ajimobi disowns freedom of information foi act in oyo state a lawyers explanation of the freedom of information act 2011 1 2 reply go down the freedom of information foi act 2011. Nigeria prior to 2011, enshrined the right to freedom of speech in section 39 of her constitution. In 2015, an organisation known as budgit approached the office of the secretary. Freedom of information act and democratic consolidation in. Pdf an appraisal of the freedom of information act foia. Pdf this study appraises the freedom of information act in nigeria. Enacted by the national assembly of the federal republic of nigeria freedom of information act 2011 laws of the federation of nigeria 1 notwithstanding anything contained in any other act, law or regulation, the right of any person to access or request information, whether or not contained in any written form, which. Primacy is granted to the provisions of the freedom of information act in instances of conflict with other laws. The modern concept of freedom of information act is traceable to the united nation universal declaration of human right undhr, article 19 of 1948 to be precise. Offences against critical national information infrastructure 1 any person who commits any offence punishable under this act against any critical national information infrastructure, designated pursuant to section 3 of this act, is liable on conviction to imprisonment for a term of not less than fifteen years without an option of fine.
There is no gain saying the fact that the nigeria freedom of information act was proposed in the context of international affirmation of the rights of citizens to access information held by public bodies as fundamental human right. This document, the freedom of information foi act is an important anticorruption tool. Nigeria freedom of information act 2011 and its implication for records and office security management. Analysis of nigeria freedom of information act on records. Freedom of information act and democratic consolidation in nigeria.
In the event of the failure of the states to adopt or enact a freedom of information legislation, the act should be made applicable to them in order to achieve its purpose throughout the country. Nigeria freedom of information act 2011 and its implication for. Mil, freedom of information act foia and film industry. Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference. Access to information in nigeria, prior to 2011, was an herculean task. The act affords everyone regardless of tribe, age, creed, a right of access to information or records held by public institutions and relevant private entities, irrespective of the form in which such information or records are kept. This study appraises the freedom of information act in nigeria. Malgwi2, bulama kagu3 and ibrahim danjuma4 1 department of business management, university of maiduguri nigeria. Freedom of information act is a vital tool that can enhance the economic and social transformation of nigeria society. Libertarian and social responsibility media theories were the theories used in for the work.
Freedom of information act foia guidelines internal. Freedom of information act 2011 laws of the federation of nigeria arrangement of sections 1. The pdf freedom of information act 2011 142 kb was passed by the national assembly on 24th may 2011 and assented by president goodluck jonathan on 28th may, 2011 the freedom of information act foia supersedes the official secrets act osa, originally enacted in 1911, which forbade the unauthorised transmission, obtaining, reproduction, or retention of any. This right to access is limited when such information is protected from disclosure by one of foias nine statutory exemptions. It is an act that makes provision for the disclosure of information held by public authorities or by persons providing. The freedom of information act 2011 foi what it means. Freedom of information act in nigeria in pdf this publication is the report of the outcome of the 2000 world press freedom day workshop organized by media rights agenda in collaboration. The law was passed to enable the public to access government information, in order to ensure transparency and accountability. There are existing legal and social problems that have continued to restrain the public from adequate access to information needed. The freedom of information act 2011, according to its long title, was made as an act to make public records and information more freely available, provide for public access to public records and information, protect public records and. An appraisal of the freedom of information act foia in. Pdf the quest for good governance has dominated discourse across jurisdictions.
636 1151 1504 1094 422 921 221 1238 1030 22 1526 870 884 213 1589 867 1290 1340 779 445 896 1504 612 898 628 435 179 972 936 304 1529 1186 1238 987 734 639 1348 705 602 991 1109 251