‘How the FoI Act will succeed’

With the FoI Act, Nigerians now have access to information, what does the right mean to us? The Freedom of Information Act, it is good news, but it is not time to celebrate. Because it means that we have now opened a new chapter. Firstly, we need to look at the nitty-gritties of all the […]

With the FoI Act, Nigerians now have access to information, what does the right mean to us?

The Freedom of Information Act, it is good news, but it is not time to celebrate. Because it means that we have now opened a new chapter. Firstly, we need to look at the nitty-gritties of all the pages. When you talk about FoI, you are talking about the availability of information. That is a lot more difficult than even getting the bill itself signed, even in some advanced countries. With so many disastrous happenings everyday, such as collapsed buildings and arson, documents are not safe. Such occurrences will render information that is not automated or computerized unavailable. The availability of the information is still an issue that the government needs to face. It is not about passing the bill into law because there are still many laws in Nigeria that are moribund. It is not about the law itself, it is about implementation. Then, we will get to the level of celebration.

For me, it is not a call for celebration yet. What this development has called for is calculation, thinking and planning not celebration. We should be concerned with how the law is going to work, otherwise, you are going to have it there and it is just going to be there. In some cases, the court will help. For example, if Advertisers Association of Nigeria (ADVAN) wants to have newspaper circulation, and the paper says no, ADVAN can go to court, because the body patronizes the newspaper and feels that it is obliged to it for this information.

Therefore, in my opinion, a lot of it is going to require investigation basically on the part of government to make the information available and on the other hand; the person or body looking for information to be able to use it objectively    and constructively. If you say this state government spent this amount of money on this project, what does it mean or what is the implication? What we often hear is “according to reliable sources”, I hope that will now reduce in the media because, to me, it is garbage.

You read a whole magazine or newspaper and discover that almost all the stories and revelations were built based on reliable sources. What is reliable to you may not be reliable to me. So, we now need to understand that according to statistics received from the office of the establishment or ministry of education, certain things have happened. And this is implicating because it means that the problem of agriculture that ought to have been addressed had been moved to this area and this is how it will affect our target and objectives on agriculture. The enactment of the law shouldn’t be an issue but whatever the implementation of this law should be our greatest concern. How people are looking for information, manage and interpret it would pose a major challenge in the implementation of this new law.

Let me tell you, if you say somebody has done something this week and it makes headline and later on, nobody hears anything about it, then it does not make sense.

If what you are saying is adhered to, what becomes of protection of sources in journalism?

When I say a reliable source, I am not saying it should be thrown into dustbin of history, but there should be a drastic reduction. If you are talking to me and I am going to be making business decisions or decision for government, I should be able to know some of your sources because it is not just ‘beer parlor’ discussion. So, where I am going when I say it is not time for celebrations is that looking at Vision 2020-20, it is not about creating the document. The law that we have in our hand right now is not too different from other laws in existence. It is not significantly different from those things that have happened to us in the past. The important thing for us is how will it happen and how will it become part of our lives.

For instance, you hear that somebody refused to sign the bill because it was titled Freedom of Information and said it ought to be Right to Information or whatever you may want to call it. A military ruler believes everything is right. They know how to manipulate rights. So even if that kind of person had signed it, there are so many rights in the constitution that have been violated on daily basis. So, if they violate that one, there wouldn’t be any cause for alarm, but this one is freedom and you can’t gag it.

That is why, ADVAN members have right to information from anybody that is key party to their businesses and those people also have right to information if it is for public consumption but they don’t have right to information on my personal life. So, it is about how we implement it.

However, there are challenges. Let me tell you, information is a very critical element in our daily activities, so it has to be automated, that is confirmation and computerization. For example, the civil service, if by tomorrow, ten media houses go to one particular ministry demanding information for different reasons, where will they get it? Are they going to visit bureau room where nobody has visited in the last three years? We need to start thinking because the man that signed this bill into law should understand that in his own time, it wouldn’t have been possible because of that he should start putting in place processes that can ensure the availability of information and its full implementation.

In practical terms, what are the major challenges confronting this law?

What prompted the non-implementation of the numerous laws that we have in our constitution? I think the answer enough will help our understanding a lot on how I can make recommendation or what the causes are. I think there should be a change in terms of implementation. We can afford to do things the same way and expect different results. We got to take it a lot more serious this time because you are the gatekeepers; you are responsible for the task of championing the cause of information. So, if you are giving false information, you can imagine the likely problems this may create.

The same thing that happened to other laws may happen around here. We need bold people who can fight battles to champion this cause.

There should also be a lot of dialogue and enlightenment. They need to know that they are not doing anyone a favour by providing the information. For instance, the information requested by ADVAN would have actually helped the media such that best of marketing brains would gather to offer advice where necessary. The information would have further gone a long way in helping planning and campaigning. Whether you like it or not, media is actually the number one in opinion shaping. So, in essence, we should be ready to provide facts whenever it so demands. We need to be able to change the mindset and create a new society where people understand.

 

How would the FoI law affect the age-long ‘trade secret’ strategy then?

Confidentiality is a global trend that is practicable anywhere in the world. It gets to a stage where you will disclose certain things. For instance, you read foreign advertising journals revealing trade secrets showing that there is increased disclosure but that does not preclude the fact that some information should be left undisclosed.

You can also speculate as industry experts, especially from your understanding of the news you have gathered. Particularly, issues that affect our national life should be made open for public scrutiny.