FoI Act: One More Hurdle to Cross, Say Top Lawyers

Vice President, Namadi Sambo

The euphoria that followed the signing of the Freedom of Information (FoI) Bill into law by President Goodluck Jonathan was tampered Wednesday night on the realisation that there is till one more hurdle to cross before Nigerians can celebrate it.

Speaking to THISDAY, a Senior Advocate of Nigeria (SAN) and former official of the Federal Ministry of Justice who does not want to be named, said it was too early for Nigerians to celebrate as the legislation must be replicated by the state Houses of Assembly before the Act can be applied to access information from state public service.

“The truth of the matter now is that the states must also accept the law before if can apply to them because information is on the concurrent list,” he explained.

His position was corroborated by a constitutional lawyer, Professor Itse Sagay (SAN).

Sagay said those who feel that the Freedom of Information Act is not binding on state governments are correct because information is on the concurrent legislative list in the constitution.

He argued that since Nigeria was operating a federal system of government, the Act only applies to the federal government and its institutions and therefore can not apply to the states.

Sharing Sagay’s view, former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba, (SAN), said controversies like this can only come up because of the type of democracy Nigeria was practising.

He added that until the issue is resolved by the courts, it will continue to heat up the polity.

Agbakoba said before the Act can be used to access information in any state, the House of Assembly would have to replicate the law in that state and that until then, the Act can not apply to them.

Another senior advocate, Dr. Joseph Nwobike, in his view, said because the country was operating a federal system of government, it was only the state that can tell to what extent anybody can access its information.

He faulted those comparing the Official Secret Act to the Freedom of Information Act, saying the FoI Act was wider in scope than the Official Secret Act.

Nwobike said while the FoI Act deals with all classes of people, the Official Secret Act was promulgated to gag only civil servants from divulging government secrets.

He however advised state governments to allow the FoI Act operate in their states for good governance to be enthroned in the country.

A Senior Lecturer in the Faculty of Law, University of Benin, Dr. Edoba Omoregie ,in his view, held that just like the Child Rights Act, which was replicated in the states of the federation before it becomes law in their domain, the states would have to pass the FoI law before it can apply to them.

But another former President of the NBA, Chief Wole Olanipekun, (SAN), disagreed with his colleagues, saying for as long as the Act was passed by the National Assembly, it was binding on the states and be obeyed by them.

Olanipekun said the National Assembly makes law for the country and that when the laws of the federal government conflict with those of the states, state laws become inferior.

He, however, advised that if the states want to replicate the Act in their respective states, they were free to do so but that it does not mean that the Act cannot be applicable to them.

He maintained that since the Act was initiated to enthrone good governance in the country, it should not be limited to only the federal government.

Another lawyer, Chief Felix Fagbohungbe (SAN) agreed with Olanipekun’s view, arguing that because federal laws were superior to state laws, the Act must be complied with by the states.