Freedom of Information Act and the Nigerian Press and Public as Big Brother

I have just read a news story titled “Kaduna free Ramadan feeding controversy: It’s highly deceptive –ACN]” in the online edition of The Sun newspaper. The Kaduna State government has refused to disclose how much it is spending on Ramadan feeding of Muslims in the state and the Action Congress of Nigeria is accusing the government of going against the spirit and letter of the FOI: “In Kaduna State however, some government officials appear to still be living in the past, as they still find it difficult to volunteer information, as little as the cost that would be required in allegedly feeding certain category of residents of Kaduna, free, throughout the 30 days period of the Ramadan fast.” I knew this was going to happen sooner or later and expect more of these kinds of issues. The reason being that public officers and [s]elected officials in Nigeria are masters of the art of making public (government) business private and shrouding same in secrecy.

The New York State Freedom of Information Law; specifically, Public Officers Law, Article 6 Section 84 Legislative Declaration captures the essence of the FOI Law: “The people’s right to know the process of governmental decision-making and to review the document and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. The legislature therefore declares that government is the public’s business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provision of this article. On a related note, and one of the few times that I am proud to be a Nigerian is contained in the Explanatory Memorandum to the Nigerian FOI Act: "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 for disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes and; for related matters.”

But I do know that the noble and ambitious intentions of the FOI will have to clash with the reality of the conduct of the Nigerian government business. The Kaduna issue is just the beginning of the Titanic battle. Even in the U.S., Government agencies have been known to flout the spirit and letter of the law. Treasury Department, the US Air Force, CIA at one time or the other won the Rosemary Award; a doubtful distinction named after Ex-President Nixon’s Secretary –Rose Mary Woods - who erased about eighteen minutes section of a key Watergate conversation on the White House tapes. The beauty of the Nigerian FOI Act is that it anticipates this behavior: “It is a criminal offence punishable on conviction by the Court with a minimum of 1 year imprisonment for any officer or the head of any government or public institution to which this Act applies to willfully destroy any records kept in his [or her] custody or attempts to doctor or otherwise alter same before they are released to any person, entity or community applying for it.” Now, to which past Nigerian leader, master of the art of secrecy and corruption, should we institute and name the Nigerian version of the Rosemary Award after?

In practical terms, the FOI Act means that our servants - the President, Vice President, Ministers, Parliamentarians, Governors, Local government Chairpersons and the plethora of public servants who I do not have the space to mention need to cultivate the habit of looking over their shoulders as big brother (the public; sounds too good to be true ehn?) is watching your every move. When you decide to give that contract to the company that has promised you ten per cent of the contract sum, engage in nepotism so that you less qualified relation gets the position instead of the more qualified compatriot, blatantly steal public funds, embark on a jamboree to foreign lands with wife and children in tow in the guise of attracting investors and all the other misdeeds that have come to characterize government business in Nigeria, know assuredly that we shall apply for that information, which you will provide in seven days! And that is a promise. You would of course try to stall and hide behind all kinds of barriers. The FOI Act also anticipated that move: applicants who do not need to demonstrate any specific reason for asking for the information can approach the courts which will hear the case ex parte. Glory, glory, Hallelujah!

The press which has a bounded duty to hold government accountable on the public’s behalf have a duty to apply for any and every information about government (I mean public) business and make this available. The dry news days are over all of a sudden; this is a news goldmine given the present arrogant and insensitive disposition of public office holders who go against the letter and spirit of the Nigerian constitution that specifies that the welfare of Nigerians is the main purpose of government.

And if the press fails or is compromised, Citizen Imoh, Preye and Zoaka can apply for the information and all that s/he is required to pay is the cost of photocopying the material that can assist in instituting impeachment proceedings against the president, governors and whoever. And when these big men and women, formerly invisible and untouchable demigods begin to fall like a pack of cards, a clear signal would have been sent to the effect that if you do not have the interest of the people at heart, don’t seek public office.

And to public servants and other category of government officials who might be pressured into destroy incriminating records to protect fraudulent and criminal “Excellencies”, the bill protects you as a whistle blower. So, sing like a bird and let their (not our) Excellencies go down alone instead of dragging you down with them. The FOI act has firmly put power back where it was supposed to reside all along – with the Nigerian people. I see a glorious dawn: “Nigeria we hail thee” and so “Arise O Compatriots”.

SWAZILAND WAS RAINING PROFESSORS, RECENTLY

It was raining professors or better still, it was a deluge at the University of Swaziland. As I flew in the midst of egg heads, I noticed the cloud overhang with chances of a few showers (that is me thinking aloud, not a meteorologist, as you would have imagined). The cloud cover would not break as we drove through captivating scenery with gentle-rolling hills, nature-manicured lawns, man-made and well-maintained roads snaking up and down the mountain ranges. I could almost kick myself; why didn’t I know this place when I was getting married donkey years ago. It would have been my first choice for a romantic get away. What a way to start a life-long journey together viewing the mountains, exploring the virgin forest and taking and breathing in, deeply, the traditional ways. But that is a story for another day.
The welome party was at the go as we cleared Customs at the small and compact Swazi Airport; I must remind myself to wake up leisurely on departure day, have a sumptous breakfast and stroll to the Airport one hour to the flight. Afterall, it is not the commotion and complexity of Lagos, Johanneburg or Nairobi airports; where one hour to departure is a sure guarantee that the flight will leave without you. Now the thunder and lighting that accompanies a West African deluge takes centre stage and is to be taken seriously; not empty threats of the Botswana fire and brimstone that passes away with out rain.
The University of Swaziland staff separated luggage into one Kombi (mini-bus) and the visitors into another. To many on this train, I mean mini-bus, this was their umpteenth goings and comings and yours sincerely was just coming for the first time. The novelty of it all inspired this blog (for the records, of course, so you know). Everyone was addressed as “Professor” and the flood, keep in mind the deluge that we kicked off with but you don’t have to suspend disbelief (it is not that complicated) were herded off to Ezulwini Sun Hotel and Resorts, where else but in Ezulwini (what did you expect?). As we checked in, Heads of Deaprtments and other officials started arriving (forget that Saturday is officially a rest day) with graded scripts for the external examiners (who all happened to be professors!) and thus officially kicked off the University of Swaziland annual external examination ritual from Monday May 30th to Friday June 2nd, 2011 or thereabout.
By the afternoon, another rain of more professors and we (I will drint to that) had, officially, taken over the Hotel. How to know this? You just needed to listen to the conversations. It went something like:
“Prof, when I was here last year, this and that was the case”
“Prof, where are you based now? I learnt you left University of Botswana ...”(mum is the word, here)
“Prof, I’d like you to meet, Prof. ...”
“Prof, are you off to town...”
Even the receptionist got into the show. she rang me up, “Prof Akpabio (very professional, did I mention “very professional”?), there is someone at the reception for you”. It turned out to be the Head of Department of Journalism and Mass Communication, bringing more work! How exciting.
Even the Customs and Immigration officers knew their clients were different, I believe the University must have given them a crash induction course as they addressed everyone who moved as “Prof”. Just to be sure, some of the faces, I saw at the airport were not at the hotel and couldn’t possibly have been one of us.
If only the money that academics are paid was commensurate with the respect, acclaim and respect of being a professor, I would have gone on my second honeymoon to Swaziland, of course. Now, wait a minute; did we have a first honeymoon? But as it is, the best I can do is work hard, pray hard for a consultancy so that next year when the University of Swaziland sends me a ticket, I can take my loving wife along for the ride. And as in Germany, where the wife of a PhD holder has a title befitting her remarkable (bold and italics, sometimes Google blogger neglects this, just in case it did again) choice, she can drink in the title (she does not need to exhale, gives more lasting effect, you see) from the University, hotel, customs and Immigration, airlines staff etc. What a honeymoon to remember! What a honeymoon to remember!!
Back to the exercise though; being able to muster so many eggs heads into one space is indeed a remarkable achievement for the University. Mark my words: the institution and country will go places. And I don’t just mean up the ubiquitous mountains that dot the entire country!