Professor Soyinka said the new Act will best serve Nigerian interest if it is successfully used to explain the myths about the late president’s death, while delivering a keynote speech titled, “Making FOI Law work for Nigerians” at a Town Hall Meeting organised by the Newspapers Proprietors Association of Nigeria (NPAN).
The Town Hall Meeting, which according to the Publisher of Thisday Newspaper and President of NPAN, will be an annual event was themed “Deepening the Freedom of Information Act.”
Although, Professor Soyinka said President Jonathan has commissioned a panel of enquiry into the late president’s death, he said the report of the panel will not be disclosed to the public and therefore, the panel will not serve the interest of Nigerians in the matter.
“It is not enough for government to rely on the Official Secret Oath and it is not enough for the public to always accept that [oath] as an excuse for concealment,” he said, adding that we had a “phantom that actually travelled to Saudi Arabia and came back under the cover of the night after vanishing out of the society.”
“I am challenging the government of Jonathan and the Nigerian public to put the FOIA to test about this melodrama because we want to know the date Mr. President died and the date the Supplementary Budget and other contracts were approved and signed,” he said, adding that “I want to know who authorised the signing of the supplementary budget and other contracts.”
In her keynote speech titled, “The law and practice of the FOI Act in other countries,” the Canadian Information commissioner, Suzanne Legault said free access to information has been proven to be “a key component of accountable government and strong democratic institutions.”
Though she applauded Nigerian leaders for joining more than 90 countries already using the Act, she berated Nigeria’s version of the law for placing a cost on access to information. In other countries, students and journalists are allowed free access or minimal cost while other can be charged appropriately.
“It is inappropriate for a government to put a cost on access to information,” she said, “what we need is check and balances but access to information will cost Nigerians money. End of the story.”
To enforce the desired aim of the law, she said the “media and civil society will not be enough. You will need all of the 160 million Nigerians to be connected through technology,” she said, advocating to stronger usage of the social media.
However, she warned that : the Act will not be a solution to Nigeria’s corruption problem, the government will not proactively disclose information; and that there will be political interference in accessing information. But she said “the Act can be made stronger if state and local governments can embraced it as this will put a pressure on the federal government.”
The panel of discussants included Tayo Oyetibo (SAN), Chidi Odinkalu, Ayo Obe, and Peter Akper (SAN), who represented the Attorney General of the Federation, Bello Adoke.
Ms. Obe said the FOIA is one of three laws needed. She said there is need of a law on transparency and another on openness in government. She advised government officials to be proactive in information dissemination to avoid “imminent deluge of requests.”
Mr. Oyetibo said the Act: does not specify a custodian whom all requests shall be addressed to; does not provide “the right to inspect” or verify whatever information is provided; and is silent in case information is requested from a Governor who enjoys immunity.
He also warned that “that private companies carrying out public works are also public institutions.”
“I will like to know how much Lekki Concession Company spent constructing the Lekki-Epe expressway,” he said, reminding everyone of the controversial expressway that was to be toll in Lagos State.
“I want to know why people will not pay to pass through Bourdillon road that was constructed with public fund and they will be asked to pay to pass through Lekki road.”
The question of who bears the cost of providing the requested information was raised by Governor Aliyu and Governor Fashola said state governments should pass a stronger version of the act, especially taking into consideration the imperfections already identified.
Mr. Fashola said the public’s attention should not only be on how money is spent by their leaders but also about how the leaders spend their time, which he said is the most important asset of a public officer.
Mr. Akper (SAN) disclosed that the Attorney General has established a Citizens Rights Department “to provide the guidelines for effective implementation of the Act.”
He however warned that the 7 days ultimatum provided may be challenging because “many of our public records are not in easily accessible form and access to them may not be as swift as expected.”
Governor Kayode Fayemi of Ekiti, the only state to have passed the FOIA at the state level, sent a representative.
http://dailytimes.com.ng/article/soyinka-wants-foi-act-uncover-mystery-yaraduas-death
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