Implementation of the access to information law in Nigeria
Posted: 24 June, 2024 Filed under: Jacob O Arowosegbe | Tags: Access to Information Act, activism, civil society organisations, compromising democratic stability, freedom of expression, Freedom of Information Act, military regimes, nationwide protests, NFOIA, Nigeria, Nigerian 1999 Constitution, restrict access, right of access to information, rule of law, sanctions, system of security Leave a commentAuthor: Jacob O Arowosegbe
Solicitor and advocate of the Supreme Court of Nigeria
Introduction
Implicit in the guarantee for freedom of expression under section 39(1) of the Nigerian 1999 Constitution[1] is the right to receive and disseminate information and since this right is meaningless without a corresponding right to freedom of access to information, the latter is by implication granted. The right is, however, superseded by the constitutional recognition of the right of the government to restrict access to certain information confidentially received or which it considers prejudicial to public security, order, health, and morality.[2] An example of a law enacted to restrict access to government-held information is the Official Secrets Act, 1962.[3] Under the Act, virtually any information only needs to be placed under a system of security classification currently in use to deny members of the public access to it.[4] Public officials are in fact routinely required to keep sealed lips concerning the conduct of government business.