PROJECT BODY:

CHAPTER ONE

INTRODUCTION

1.1 Background of Study

Over the years, the agitation for the emergence of a free press society, has been on the front burner of national discuss, especially among journalism practitioners in Nigeria. This is owing largely to the fact that the expediency of having a legislation that guarantees a high level of press freedom cannot be ignored. It cannot be ignored apparently against the backdrop of the attendant positive effect it could have on any society.

The need for a Nigeria Freedom of Information Act (FOIA) had been emphasized by many media scholars. For instance, Ogbondah (2003:128) did note prior to its enactment that:

“The National Assembly should enact or guarantee the press and members of the public the right of access to government-held information including computerized records.”

Similarly, the Media Right Agenda (2004:4) at some point, wrote thus about the FOIA Bill when passed into law as an Act of Parliament, it will make public record and information in the custody of any government-Federal, State or Local available to every person in Nigeria. Accordingly, the right of access of official information, which the Bill grants will be legally enforceable; with the Freedom of Information Act, it will be possible to find out from Governors, Council Chairmen, Ministers, the President or other public officers, details of any transaction conducted in those offices. The law, it is believed, will also give protection to public officers who discover the perpetration of a fraudulent act and reveal is thereby discouraging corruption among public office holders. Moreso, Johnson, as cited by Ogbondah (2003:128-129) also, stated

that:

“A democracy works best when the people have all the information that the security of the nation permits, no one should be able to pull curtains of secrecy around decisions which can be revealed without injury to the public interest.”

Before now, the challenges posed by anti-press laws that inundate the Nigerian constitution, have made the process of news sourcing gathering and dissemination, seemingly impossible for journalism. This was well capture by the Nigeria Guild of Editors (2001:96) when it observed that:

“We are conscious of the responsibility of the press but we cannot perform our role creditably unless the shackles wrought by repressive laws are erased from our law books… the realization of this objective is contingent on the freedom of the press to function without any hindrance.”

Unfortunately, the media being the forth estate of the realm and the watch-dog of the leaders and the led cannot successfully carryout this sacrosanct function, without the ample freedom to seek, gather and disseminate information. Taking a cue from the functional aspect of the freedom of Information Act, Yalaju (2001:205) averred that:

“The right of access to information is aimed at strengthening the media by securing and protecting freedom of expression and the press particularly.”

It is against the above grounds that the recently enacted FOIA seeks to make information more available to journalists in the same way it would be available to every other person who might request any information. It is also expected that with the law in effect, the media would have access to more accurate information, which would improve the quality of media practice.

There is no gain saying the fact that the Nigeria Freedom of Information Act was proposed in the context of international affirmation of the rights of citizens to access information held by public bodies as fundamental human right. It is therefore instructive to note that the FOIA is one of the criteria for gauging a truly democratic state. It goes without saying that democracy is at its best, when the people have all the information that the constitution of the nation permits.

Conversely, the stiff resistance by most world leaders towards having the FOIA enshrined in their nation‟s law books has continued to ignite concerns. Little wonder, Amadi (2003:5) argued that:

“The issue of the enactment of an emphatic Freedom of Information Act is still a pawn in the political chessboard of politicians …the reason for sitting on such legislation may not be farfetched from the fact that such venal politicians know that the enactment of such powerful pro-media, pro-people legislation will constitute an effective check on their venality. It will constitute an effective check on their venality. It will constitute a check because the effectuation of such legislation will mean removing the mystifying veil of secrecy which gives governance a kind of larger-than-life posture in such countries. And that is why politicians will continue to balk at it.”

The delay in the passage of Nigerians Freedom of Information Act over a decade after its first proposal in 1999 might not be unconnected to this apprehension amongst Nigeria politicians.

Furthermore, if the media must discharge their duties in the spirit of fairness, accuracy, balance and objectivity, then there should not be an alternative to getting information from the primary sources (government and their agencies) the absence of this is likely to lure the media into “speculative reporting” or worse still rely upon secondary sources, which may be misleading and biased.

It is therefore against these backdrops that this research seeks to appraise the FOIA and how well it rubs off on media practice in Nigeria. In essence, the work seeks to ascertain among other things the extent to which the Act could effectuate effective journalism practice in Nigeria.

1.2 Statement of Problem

The recent enactment of the FOI law in Nigeria has been greeted by many proponents of the law as a step in the right direction. Media practitioners believe that the Freedom of Information, as a communication phenomenon will play an essential role in placing Nigeria on the right track of development. It will also increase the people‟s participation in government programmes and policies as well as translate to the enthronement of accountability and good governance. All that said, the problem is the level of preparedness on the part of the core agitators of the FOIA, being the journalists as it relates to their maximizing the provisions of the Act towards effective journalism practice.

While the FOIA promises a lot, its workability in a country like Nigeria, where there is a penchant for violating laws with impurity, tends to puncture its potentials directed towards effective media practice.

Maximizing the potentials of the FOIA in Nigeria depends on how well the media practitioners are acquainted with its provisions. It appears that not many journalists are fully aware of the provisions of the FOIA, thereby limiting their push for information in the custody of government, as well as other public institutions.

Moreso, whether the emergence of the FOIA signals an era of Freedom with or without responsibility, media practice remains an issue of great concern. Similarly, it is a problem that since media practitioners are yet to be well acquainted with the provision of the Act, it becomes difficult making the most of it. Moreso, the argument that the emergence of the FOIA signals an era of freedom without responsibility as well as its threat to national security, remains an issue great concern.