FREEDOM OF INFORMATION ACT CUM BENEFITS

Benefits of Freedom of Information Act

The last few days have been spent getting the record straight on Nigeria’s newly passed Freedom of Information Act (FoIA). Supporters have set out to identify its key features, elucidate the Act’s storied history, and even debunk popular myths. What remains to be told, however, is how the FoIA will positively affect the lives of the average Nigerian and the boon it will provide to our country as it seeks its place as a modern democracy and economy on the world stage.

The Right to Know Initiative (R2K) sums up the benefits of the FoIA in one sentence: "Your life depends on it!" This is one way of saying that the quality of life of anyone and of any society depends on the frontiers of their knowledge. There are many benefits in the FoIA for governance, leadership values, citizenship, and professional groups.
The Act will constrain abuse of power, compel a more professional media, kinetise national development, potentially create a new practice area for legal professionals and business consultancies, and underpin a new set of values for public life in Nigeria.
In a nutshell, the FoIA allows any person, for any reason, to access information that is in the custody of any public official or institution one week from the date requested whether or not it is contained in written form. In the interest of the State, however, some exceptions exist, such as information relating to defence or the conduct of Nigeria’s international relations.
In addition certain information such as descriptions of organizational responsibilities and employee salaries must be proactively published and made available to the public. When information is improperly denied, the Act also allows for recourse in court to compel the public agency or official to comply with the order.
Although new to Nigeria, freedom of information legislation has been used around the world for centuries. The first was passed in Sweden in 1766. When implemented successfully, it is a tried and true avenue towards transparent government and an active and informed citizenry. One only needs to look at our counterparts in Latin America, Asia, Europe, and the United States for evidence.
Even a few African countries, including Liberia, Uganda, and South Africa have passed parallel legislation even though their attempts at implementation have been somewhat unevenly. The truth of the matter is that the Act is long overdue: Nigeria’s historical governance deficit and stark corruption made our country a perfect candidate for the Act decades ago.
As other nations have experienced, the benefits of the FoIA are far-reaching —both singularly and collectively. Singularly in the sense that the newly accessible information will allow individuals to access and interact with government in a way not fathomed before.
The benefits are collective to civil society, businesses, and government in the sense that freedom of information is a fundamental marker on the road towards economic development and progress, anticorruption, civic engagement, and a properly functioning democracy.
On an individual level, the FoIA enables every citizen with the right to know what our government is doing and how it is spending public funds. This means that all government spending, with a few exceptions, now falls within the purview of public scrutiny.
Such accountability will amongst other things, force government officials to keep tidier records and dis-incentivize graft, yet the everyday implications for Nigerians are much more far-reaching. Armed with the right to know, Nigerians will no longer have to ask questions such as who is in charge of repairing their local roads and where the money for such projects have disappeared to.
The FoIA now puts this type of data at the public’s disposal. Access to such information will be available to all who seek it and the methods for doing so will be widely publicized.
As a result, business owners will be able to assess risks and operate their businesses more efficiently as they gain an understanding of foreign and domestic state investments; students will have access to legitimate government records when conducting important research; healthcare workers can track where funds in the health budget have been allocated and how much has actually been spent, and so forth.
Clearly, the opportunities for citizens to benefit from this in their commercial, educational, civic, and personal capacities are endless.
The Freedom of Information Act is good for society as a whole for an innumerable amount of reasons; the overarching theme, however, is that FoIA is good for democracy. Freedom of information laws in general, and the Nigerian FoIA in particular instigate key democratic functioning by forcing government to operate more efficiently and transparently while simultaneously inspiring citizens to become active participants in the civic process.
Clearly, freedom of information is good for society because it increases civic participation by empowering citizens. Here, the mantra "knowledge is power" bears real fruit. Citizens who know what their government is supposed to provide and how are in a much better position to advocate for and communicate their needs. Secondly, it is an informed citizenry that makes an informed electorate. I
n turn, a government under the watchful eye of an engaged public will be forced to clean house or face the consequences at the polls. This should translate into more informed decision-making, more transparent elections, a more responsive leadership and more efficient public institutions; including a legislature that will be better equipped to write effective laws based upon more accurate record keeping.
In addition to the more obvious benefit of accountability, the FoIA will decrease government opacity and secrecy. Government transparency is key to a democratic and healthy society, both of which Nigeria is taking steps to become. In the wake of a new administration, setting off the next term with "open government" policies will be key to its success in ushering in true democracy and countering endemic corruption.
Lastly, the FoIA will serve as an important complement to anticorruption measures. This will make doing business in Nigeria easier by removing the stigma of risk that is associated with Nigerian investments.
The passage of the Corrupt Practices and Other Related Offenses Act in 2000 was a symbolic commitment to anti-corruption, but access to information can breathe new life to its objective.
It is impossible to hold corrupt officials accountable when corruption and embezzlement are commonplace if no one outside of government is privy to budgetary and other documentation. By making these documents accessible to all, the fight against corruption becomes one in which all can competently participate.
In sum, effective execution of the newly passed Freedom of Information Act in Nigeria might just be the entry point to public efficiency and accountability that Nigeria has been for so long waiting. It is for all of the reasons stated above that public support for and attention to the Act must not wane but grow even more vigilante as the true work of implementation and compliance begins.