How the Freedom of Information Act can be deployed as a tool for tackling corruption and demanding accountability was among the talking points at a town hall meeting in Anambra State, reports EMMA ELEKWA
Freedom has been defined as the power or right to act, speak or think freely as one wants.
It can also be referred to as the state of not being imprisoned or enslaved, or a special privilege or right of access.
Individuals, families, societies and nations, from time immemorial, have always desired freedom of all forms, shapes and sizes.
For Nigeria as a nation, October 1, 1960, would remain an indelible date in her history, being the day she gained independence from British colonial rule as well as the day the country was granted the Freedom Charter by Princess Alexandra of Kent, representing Queen Elizabeth II.
Significantly, that day marked the beginning of her journey as a sovereign state and a historic milestone in the struggle for freedom, autonomy and sovereignty.
While the freedom of Nigeria as a country is not debatable, the extent to which its citizens enjoy their freedom of speech, association, religion etc as contained in the nation’s constitution is a matter of burning public discourse.
Right to information, a fundamental human right as enshrined in section 39 (1) of Nigeria’s 1999 Constitution as amended, states that “every person shall be entitled to freedom of expression, including freedom to hold opinion and to receive and impart ideas and information without interference.”
Sadly, access to information remains one of the most difficult challenges facing average Nigerians, hence the struggle that led to the enactment of the Freedom of Information Act (FOIA), which was led since 1993 by Civil Society Organisations (CSOs) such as Media Rights Agenda (MRA), Civil Liberties Organisation (CLO) and the Nigerian Union of Journalists (NUJ).
After several years of agitation, the FOI bill was assented to on May 12, 2011, by former President Goodluck Jonathan, to make public records and information freely available to the citizens.
FOIA grants individuals the right to access information held by government agencies and institutions, promoting transparency and accountability by ensuring public access to records and documents, subject to certain exceptions.
Unfortunately, more than 13 years after, most states are yet to domesticate.
In states where the law is enacted, the awareness rate among citizens remains abysmally low, while those who know about it do not take advantage of it.
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Those who eventually access it achieve such success, but not without painful and frustrating experiences.
Executive Director, Centre for Transparency Advocacy (CTA), Faith Nwadishi, identified lack of information, awareness and most times deliberate acts of officials to deny citizens access to information when requested as some of the reasons the Act has not offered the anticipated relief to citizens in terms of access to information.
Speaking recently in Awka Anambra State at a Stakeholders Town Hall Meeting on the Application of Freedom of Information, FOI Act, organised by the Centre for Transparency Advocacy in collaboration with the Federal Ministry of Justice, Nwadishi noted that women, youth and persons with disabilities (PWDs) are worse victims of the poor enforcement of the law.
She said: “This meeting has provided us with the opportunity to explore the essential role of the Freedom of Information Act (FOIA) in promoting the rights of women, youth, People Living with Disabilities, and indeed other Nigerians who strive for equity and inclusion in the fight against corruption.
“This is one of the CTA’s activities focusing on promoting transparency and accountability in governance, highlighting the efforts of the Strengthening Accountability and Governance in Nigeria Initiative (SAGNI) in the Federal Capital Territory, Anambra State, and Edo State through FOI.
“The Strengthening Accountability and Governance in Nigeria Initiative (SAGNI) project is supported by the Rule of Law and Anti-Corruption Programme (RoLAC) and funded by the European Union through International IDEA.”
Acknowledging the devastating threat of corruption to the collective existence of Nigerians as well as democratic governance, economic development and social justice, Nwadishi further noted that it undermines the rule of law, thus perpetuating inequality and disproportionately affecting women and marginalised communities.
She said: “Nevertheless, our gathering is not to lament and see all of us here, including the women, the youth and PWDs, as victims of corruption but as amazons, resilient and powerful change agents.
“All we need are information, access to resources, and opportunities to be able to demonstrate the transformative role that promotes accountability, transparency and good governance.
“We are glad with the enactment of The Freedom of Information Act (FOIA) 2011 which should have become a critical tool in the fight against corruption, but due to lack of information, lack of awareness and most times deliberate act of officials to deny citizens access to information when it is requested does not appear to be playing this role as it ought to be by, providing citizens with the right to access information.
“FOIA enables citizens to hold governments and institutions accountable for their actions.
“It allows us to track budgets, monitor programmes, and expose corruption where and when it occurs.
“As stated earlier, despite the potential of FOIA, women, vulnerable groups and citizens often face significant barriers in accessing information that will aid personal and collective development in a space characterised by bureaucracy.
“This justifies our coming together to share experiences, build knowledge, and develop strategies for leveraging FOIA to promote citizens’ rights, equity, and inclusion.”
While appealing to the Anambra government to domesticate the FOIA, Nwadishi urged the participants to make conscious efforts to share the knowledge they received from others through awareness campaigns and citizen engagement in various communities and groups.
Attorney-General and Minister of Justice, Lateef Fagbemi, urged Nigerians to use the FOIA to demand accountability from their elected and appointed representatives in federal and state governments.
Fagbemi, represented by Garba Sunday, a lawyer in the FoI Department of the Federal Ministry of Justice, said that the Tinubu Administration is no longer ready to do anything in secrecy.
“The Government of Nigeria is no longer interested in doing government business in secrecy, and through the FOIA, it has given the citizens of this great country the power to access government information and records without being asked the reason for the usage.
“The Act also provides for people with disability to access government records. Access can be made orally to public institutions to access information.
“Aside from reactive response to FOIA requests, public institutions are expected to proactively disclose their activities in the public space.
“To ensure easy implementation of the Act, public institutions must ensure that they keep their records in such a way that it will be easy to access by any requester.
“Despite the fact that the Act guaranteed the right to access to information, there are exemptions that you must comply with before releasing certain government information and records, and also, there is certain information that the Act does not apply to.”
While commending Anambra State Government for keeping its people abreast of its activities, he implored Nigerians to avail themselves of the FOIA instrument to hold the government officials accountable, stressing: “It’s your right to know and participate in the governance of this great country.”
Keynote Speaker, Attorney-General and Commissioner for Justice, Anambra State, Prof Sylvia Ifemeje, represented by Ngozi Iwouno, a lawyer, said the law passed in 2011 empowered citizenry to access records, documents and information from both government and private organisations, enabling participation in governance to ensure transparency.
“After application, the applicant must wait for seven working days to get the requested information.
“Failure to do so, further action as stipulated in the act, including legal action, can be taken,” she said.
Chairman, Anambra State Disability Rights Commission (ANSDRC), Dr Chukwuka Ezewuzie, emphasised that persons with special needs have been vanguards of disadvantaged individuals who lacked access to proper information.
He called on the State Ministry of Justice to provide a committed legal recourse for PWDs in accordance with the Anambra State Disability Rights Law 2018, as well as the provision of pro-bono lawyers to defend and protect the rights of PWDs and ensure they were empowered to seek redress in court if their rights were infringed upon.
“This meeting is timely as it further enlightened my members on their rights as Nigerian citizens. We now know we can enquire about things that affect us.
“We can’t wait to sensitise our people to recognise this and pursue them vigorously,” he stressed.
Vice President, Southeast Zone, Nigeria Union of Journalists (NUJ), Comrade Emma Ifesinachi, noted the vital role of the media in information dissemination and as such needed access to information.
He said the media should be appreciated for packaging the Act, urging participants to maximise the documents for their benefit and society at large.