CHAPTER ONE
INTRODUCTION
1.1 Background of Study
Over the years, the agitation for the emergence of a free press society, has been on the front burner of national discuss, especially among journalism practitioners in Nigeria. This is owing largely to the fact that the expediency of having a legislation that guarantees a high level of press freedom cannot be ignored. It cannot be ignored apparently against the backdrop of the attendant positive effect it could have on any society.
The need for a Nigeria Freedom of Information Act (FOIA) had been emphasized by many media scholars. For instance, Ogbondah (2003:128) did note prior to its enactment that:
“The National Assembly should enact or guarantee the press and members of the public the right of access to government-held information including computerized records.”
Similarly, the Media Right Agenda (2004:4) at some point, wrote thus about the FOIA Bill when passed into law as an Act of Parliament, it will make public record and information in the custody of any government-Federal, State or Local available to every person in Nigeria. Accordingly, the right of access of official information, which the Bill grants will be legally enforceable; with the Freedom of Information Act, it will be possible to find out from Governors, Council Chairmen, Ministers, the President or other public officers, details of any transaction conducted in those offices. The law, it is believed, will also give protection to public officers who discover the perpetration of a fraudulent act and reveal is thereby discouraging corruption among public office holders. Moreso, Johnson, as cited by Ogbondah (2003:128-129) also, stated
that:
“A democracy works best when the people have all the information that the security of the nation permits, no one should be able to pull curtains of secrecy around decisions which can be revealed without injury to the public interest.”
Before now, the challenges posed by anti-press laws that inundate the Nigerian constitution, have made the process of news sourcing gathering and dissemination, seemingly impossible for journalism. This was well capture by the Nigeria Guild of Editors (2001:96) when it observed that:
“We are conscious of the responsibility of the press but we cannot perform our role creditably unless the shackles wrought by repressive laws are erased from our law books… the realization of this objective is contingent on the freedom of the press to function without any hindrance.”
Unfortunately, the media being the forth estate of the realm and the watch-dog of the leaders and the led cannot successfully carryout this sacrosanct function, without the ample freedom to seek, gather and disseminate information. Taking a cue from the functional aspect of the freedom of Information Act, Yalaju (2001:205) averred that:
“The right of access to information is aimed at strengthening the media by securing and protecting freedom of expression and the press particularly.”
It is against the above grounds that the recently enacted FOIA seeks to make information more available to journalists in the same way it would be available to every other person who might request any information. It is also expected that with the law in effect, the media would have access to more accurate information, which would improve the quality of media practice.
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. It is therefore instructive to note that the FOIA is one of the criteria for gauging a truly democratic state. It goes without saying that democracy is at its best, when the people have all the information that the constitution of the nation permits.