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”.