Ms. Suzanne Legault, the Canadian Information Commissioner has said that Access to Information is a key component of accountable government and strong democratic institutions and therefore inappropriate for a government to put a cost on access to information.
Ms. Legault was a Special guest of the Town Hall Meeting organized by the Newspaper Proprietors’ Association of Nigeria (NPAN) tagged “For the Public Purpose: Deepening the FOI Act”. It took place on July 21, 2011 at the AGIP Recital Hall of the MUSON Centre in Lagos Nigeria.
Eminent personalities who attended the Town hall included Governor Babatunde Fashola of Lagos State, Governor Muazu Babangida Aliu of Niger State, a representative of Governor Fayemni of Ekiti State, Hon. Abike Dabiri-Erewa, Professor Peter Akper who represented Mr. Mohammed Bello Adoke (SAN), the Minister of Justice, and the Canadian High Commissioner and his retinue, Alhaji Ismaila Isa Funtua, Sam Amuka Pemu, Comfort Obi, and Nduka Obaigbena.
The Canadian Information Commissioner added that in her interaction with Nigerians, she discovered that they were concerned about implementation of the new Act. She warned that the Freedom of Information (FOI) Act will not address all of Nigeria’s problem especially corruption, adding that there will be political interference and it will be naïve to think it won’t be but counseled that there is need to look at how to minimize it political interference.
She added that the Nigerian leadership will play key roles in FOI implementation and urged a policy of disclosure in line with President Obama’s policy, at his inauguration, to err on the side of disclosure.
Ms. Legault noted that the office of the Attorney General and Minister of Justice of Nigeria will play a vital role in the implementation of the FOI Act and advised that there should be clear time table which should also state responsibilities. She also commended judicial intervention in maters that will arise in the implementation of the Act.
She added that in Canada, she discovered that Provinces and municipal governments are better champions in FOI implementation that the national government.
She said leadership engagement, partnership, training of key people, consistent evaluation etc will be key to implementation in addition to leveraging other countries experiences in FOI implementation.
Nobel Laureate, Prof. Wole Soyinka, another special guest at the meeting, in his address encouraged Nigerians to put the FOI Act to test by demanding information those who were involved in the secrecy that shrouded the sickness, treatment and itinerary of late President Umoru Musa Yar’Adua for close to one year when he became sick and was flown outside Nigeria for treatment.
He recalled that: “In this country, we had an instance where a whole human being was concealed for several months. This phantom actually travelled to Saudi Arabia, came back, still in concealment, in the dead of the night.
“Lights were doused at the airport and the phantom moved back to the seat of government. This phantom was not just an ordinary phantom. This phantom was a representative of the entire public will of Nigerians. He vanished out of sight for nearly a year.
“For many people the incident is over, but it’s not. We want to know how it was possible. Who were the people involved? What document was signed that passed for the Appropriation Bill? Who authorised it? Whose signature appeared on the document?
“Who was the major security involved in this act of concealment? Were any members of the family involved? Were members of Senate involved? Were foreign powers involved? Physically, that episode is over, but knowledge is unending – it is not yet over.
“And so, I’m challenging the government of Jonathan and the public to put this Freedom of Information Act to the test, with one of the most melodramatic incidents that this country has ever witnessed.
“You can say that it is the dramatist in me, which is looking for material to write a play – it does not matter. If you call it vulgar curiosity, it does not matter. As a citizen, I have a right to know.
“I challenge the public and President to put teeth into this law by setting up and making public the proceedings and the findings of that panel set to find out what happened to the President of this nation for nearly an entire year. This is where it begins.”
On fears of grey areas and the law being abused, he noted that no law is perfect without the input of the people, saying: “Any social instrument is incomplete. It is human beings that will complete it. We should not be worried whether the law would be abused or not because a lot of laws are abused in Nigeria everyday. Even the constitution is abused every day in Nigeria.”
Asked if he had any misgivings about the Act, Gov. Fashola said he believes there was need for states to Domesticate the Act; that the Lagos State House of Assembly tarried to see that it harmonized its version with that passed by the National Assembly and that it is still in the works. He added that government is a matter of public trust and people have a right to ask for explanation on not only how the government is using their resources but their time as well. He added that he believes that leadership rather than limit the peoples’ aspirations to higher realms should actually lead them there.
He added that the Lagos State government is already engaging consultants to explain to the various departments what their roles will be in the implementation of the Act when Lagos passes it. Gov. Fashola said he agreed with the provision of the Act that the judiciary is in the best place to adjudicate on cases that will arise as a result of implementing the FOI Act.
Gov. Muazu Babangida Aliu of Niger State said he was happy with the law but that there is the need to enlighten the people to appreciate the Act and put the leadership on their toes. He discloses that as much as he wishes to and actually discloses information, certain elements in his government ask him not to disclose information about the activities of his government, that the people don’t need it. He promised to write to his colleagues to domesticate the FOI.
Attorney General of the Federation and Minister of Justice represented by Prof. Peter Akpe also believes states need to domesticate the Act before it becomes effective in the state. He however listed some provisions of the Act which he said will pose challenge to the implementation.
Chidi Odinkalu of the Open Society Justice Initiative (OSJI) noted that public officers oftentimes undermine public interest by claiming the sole authority to know and be able to define what public interest means. He suggested a Constitutional Rights Department in the Attorney General’s office rather than Citizen’s Right Department which Prof Akpe said the Ministry was setting up.
He advocated educating judges on adjudicating properly on FOI Act cases especially on what constitutes public interest.
Mrs. Ayo Obe observed that there ought to be three pieces of legislation namely Openness in government and Ethics in government to complement FOI Act. she noted that right now, the FOIA is just one of the three legs of the tripod standing. She added that the cost of hiding information can be more expensive than making it available adding that timely and correct information will always puncture lies
Tayo Oyetibo a legal practitioner noted that the Act can be used retroactively because it talks about information in custody of public institutions and does not set time limit to the information or records. He, like Prof. Akpe also identified areas of challenge in the Act.
On domestication, Fashola believes the word ‘domestication’ is a wrong terminology. He observed that domestication is applicable to international instruments which sovereign states sign and then need to domesticate to make it effective locally. He said he believes the FOI Act is a legislation for which the states have power to legislate on, and that his government is already publishing certain information on the internet proactively. He promised his government will respond to all request for information.
Governor Babangida Aliu agreed there is the need for the right to inspect records by applicants.
The Town Hall meeting which was well attended had other eminent personalities who included: Mrs. Ayo Obe, Mr. Tayo Oyetibo, Gbenga Adefaye, Ademola Osinubi MD of Punch, Kalu Idika Kalu, John Momoh CEO of Channels TV, High Chief Raymond Dokpesi Cahirman of DAAR Communications, Prof. Ralph Akinfeleye of the Mass Communications Department of University of Lagos, Femi Falana, Ray Ekpu, Innocent Okparadike, Tunde Thompson, Nduka Irabor, Emeka Izeze of Guardian newspapers, Prof. Chidi Odinkalu, Mark Aigbogun, and Nosa Igiebor of TELL magazine, among others.
|
