Freedom of Information Act: A Threat to National Security?

Keyword : FOI Act . Access .Records .National Security .Official Secret Act

Author(s) : Christian C. Ngwu & Luke Ifeanyi Anorue, Charles C. Makata & Okwudiri C. Ekwe

Abstract :

The passage of the Freedom of Information bill into law brought to an end the most exciting legislative odyssey in post colonial Nigeria. After more than a decade, the long awaited FOI bill that was meant to guarantee freedom of the press and access to information was finally passed into law as an Act of the National Assembly. This 32 sections Act, according to the initiators is meant to increase access to public information which were formerly concealed under the Official Secret Act, and tagged 'Classified Documents'. However, as beautiful and well intentioned as this Act might appear, some observers believe it is a serious threat to the nation's internal and external security. Section 11(2) of the Act specifically says that when the demand for any information, including security information, is in public interest, irrespective of the injury it might cause, such must be disclosed. In fact, section 27(1) says that anything contained in the Criminal Code, Penal Code, and the Official Secrets Act shall be made public irrespective of the injury it might cause. With this, legal and security experts fear that this may open windows for serious insecurity, especially in the face of the Boko Haram terrorism. However, others have argued that the provisions of the Act regarding the disclosure of security information are in order, considering the fact that many have hidden under the Official Secret Act to perpetrate a lot of evil in the name of national security. To this end, the researchers sought the opinions of security and legal experts in South-East Nigeria on the provisions of the Act vis a vis their alleged threat to the nation's security. Using both Survey and Focus Group Discussions,
findings revealed that the Act does not in any way threaten national security if properly applied.

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