You are part of the reason why people cant walk up to their government to make their demands known, something that happens in other countries with no personal connections necessary. This study examined the challenges in the implementation of freedom of information act in nigeria. The relevance of nigerias freedom of information act 2011 to the. Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference. Prior to the enactment of the foia, nigeria had no laws which guaranteed. This was after the organization had allowed the waiting time to lapse. Citizens knowledge of public affairs was extremely poor, all because. For example, we have the official secrets act, evidence act, the public complaints commission act, the statistics act, and the criminal code. Nigerian states have no powers to reject requests filed under the freedom of information act foi, the court of appeal has ruled. Freedom of information act 2011 laws of the federation of nigeria arrangement of sections 1. Economic and financial crimes cpmmission output and response rate number and nature of determinations made which resulted in a refusal to disclose information and the reasons for such determinations number of appeals made. 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. The limit of information act in freedom of information act 2011 and the fight against corruption and corporate fraud in governance. 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.
Calabar the publicity secretary of the conference of nigerian political parties cnpp, osita okechukwu, has sued the minister of petroleum resources, diezani allison madueke, over her refusal to allow him access to information concerning the transactions involving the nigerian national petroleum corporation nnpc as enjoined by the provisions of the freedom of information foi act, 2011. 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 management and human resource. Access to information in nigeria, prior to 2011, was an herculean task. Prospects and challenges preye kuro inokoba department of political science niger delta university, p. Nigeria freedom of information act 2011 and its implication for records and office security management ayuba a. The right to know and the implementation of freedom of. Pdf an appraisal of the freedom of information act foia in nigeria. Freedom of information act and democratic consolidation in nigeria. 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.
In a march 27 decision at the akure division, the court of appeal. Seven years after the enactment of the freedom of information act 2011 foia, nigerians seem yet to understand and fully benefit from the purpose of the act. The 1998 amendment that imposed fines and imprisonment on journalist was just recently countered with the freedom of information act of 2011. Nigeria free speech and free press around the world.
Primacy is granted to the provisions of the freedom of information act. Designation of certain computer systems or networks as critical national information infrastructure. 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 privacy, protect serving public officers from. The freedom of information foi act signed into law on may 28, 2011 is an act that gives every nigerian a legal right of access to information, records, and documents held by government bodies and private. The research therefore focused on two states in the southsouth region of nigeria to examine the issues and evaluate the implementation of freedom of information act of 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. Nigerias freedom of information foi act was signed into law on may 28, 2011, after the longest legislative debate in the history of nigeria. Extension of time limit for granting or refusing application 7. Summary of kazakhstans constitutional guarntees of freedom of information extracted from the constitution. After a decade of consistent and fearless advocacy by civil society and media practitioners, the newly elected president of nigeria, goodluck jonathan, has acceded to the legitimate demands and. The freedom of information act foia 2011 was passed by the national assembly and assented to by president goodluck jonathan gcfr on the 28th may 2011. 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. Zip file format, for the convenience of visitors who wish to download a personal copy. When it was finally passed in 2011, it established the right to access or request information from a public official, agency, or institution.
In nigeria, the supreme, basic norm rests with the people and their collective will expressed in the 1999 constitution of the federal republic. World factbook download 2011 central intelligence agency. It is an act for accessing public information to service the peoples right to know. Pdf his paper examines nigerias freedom of information act, with special. Data protection 2019 laws and regulations nigeria iclg. Freedom of information act and democratic consolidation in. Challenges that are confronting the implementation of the act are. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. United nations universal declaration of human rights.
Nigerian president goodluck jonathan signed into law the freedom of information act. Act made it clear on how information records can be obtained such as right to access records, application for access to records due to. Pdf commentary on nigerias freedom of information act. The freedom of information act was enacted a few years ago, to. The freedom of information act is not a data protection law, but section 14 of the act protects personal data. 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. Nigerian information act, thereby becoming the ninth country in africa and among 90 countries.
This means that some mischievous public officers can. Challenges in the implementation of the freedom of. Freedom of information act foia the freedom of information act is a legal extension of the constitutional provisions on freedom of expression designed partly to give practical expression to that provision. Pdf an appraisal of the freedom of information act foia. So far, only few states in nigeria have adopted the freedom of information act at state level. Governmental organs, social associations, officials, and mass media are obligated to provide every citizen with the opportunity to become acquainted with documents, decisions, and sources of information affecting her or his rights and interests.
How to make a freedom of information request in nigeria. Even before the passage and subsequent signing of the freedom of information bill into law, there were strong views that the act was going to facilitate journalism practice in nigeria. Application part ii protection of critical national information infrastructure 3. An appraisal of the freedom of information act foia in. The freedom of information act foia is a law that gives you the right to access information from the federal government. Nigerias freedom of information act foia of 2011 and south africas promotion of access to information act of 2000 paia were enacted to give nigerians and south africans respectively, greater opportunity to exercise their right to information.
Information act 2011 new headway upper intermediate test booklet pdf foi act into law is a watershed. At that time, secrecy was the bureaucratic defensive mechanism. Pdf this study appraises the freedom of information act in nigeria. Why nigerias freedom of information act is even less.
Intended as a boon for journalism in africas most populous country, nigerias freedom of information act took more than a decade to implement. The limits of freedom of information act by by elijah ogbuokiri, 11 october 2011 36 nathan goba 2012 teaches multimedia journalism as an adjunct instructor for point loma nazarene university and sdsu digital and social collaborative. The nigerian freedom of information foi act 2011 gives any. The head of the nigerian civil service, bukar aji, on july 30 recommended that the 2011 freedom of information act be amended to allow 14 days instead of seven to respond to requests. This act brought freedom of access of public information and is only the 2 nd country in west africa to pass a broad right to information. Aji spoke at national conference on the freedom of information act, organized by the right to know initiative, in abuja. Analysis of nigeria freedom of information act on records. We occasionally update these publications, so if you rely on the data for more than simple informational purposes, we recommend that you check back periodically for updates.
Many journalists were imprisoned for publishing what was classified as confidential state information. 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. Prelude to nigerias freedom of information act 2011 the clamour by nigerians for freedom of information to promote transparency and accountability in governance dated back to the period of the british colonial government which was characterized by a dominant culture of secrecy. Posted below is the central intelligence agencys most popular publication the world factbook in compressed. However, several challenges have effectively hindered the implementation of these laws. So far, only few states in nigeria have adopted the freedom of. The purpose of the foia is to make public records and information more freely available to the public and to protect these records and information to the extent consistent with the public. Pdf nigeria freedom of information act 2011 and its.
In nigeria, the case is different as the freedom of information act, according to ogbuokiri 2011, contains more exemption sections and clauses than sections that grant access to information. The paper examines nigerias freedom of information act, 2011 on access to information. Evaluative study of the freedom of information act on. Cybercrime act, 2015 arrangement of sections section part i object and application 1. Nigeria freedom of information act 2011 and its implication for records and office security management. 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. Freedom of information act central bank of nigeria. Since the act governs access to public records and information in nigeria, the section restricts disclosure of personal records without obtaining consent. Foi act cnpp sues allisonmadueke right to know nigeria.
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