ABSTRACT
The Freedom of Information Act, 2011 (FoI Act) was enacted at the end of nearly two decades of public advocacy and exactly one hundred years after the Official Secrets Act was first introduced into Nigeria as a colonial Order-in-Council. This law is Nigeria’s major legislative response to redress the balance of official secrecy, elitism and non-accountable government. The aim of this research is to provide an in-depth analysis of the right of access enshrined in the FoI Act in order to create the awareness needed to promote effective implementation of the Act and assist Nigerians know how to utilize the provisions of the Act. There is the problem of a veil of secrecy pervading public institutions in Nigeria. The result is that journalists and the populace are denied access to information that is critical for accurate reporting and unraveling the web of corruption in Nigeria. Similarly, a research institute or student is unable to produce quality work because of limited access to relevant publicly held information. It was in order to correct these anomalies that the FoI Act was enacted in the first place. Further, several exemptions have been inserted into the FoI Act, which ought to be understood and given limited application and specific scope of application. Furthermore, certain secrecy laws in the statute books are obsolete and in dire need of review to make them conform to the FoI Act. These laws include the Official Secrets Act, the Evidence Act, the Legislative Houses (Powers and Privileges Act), the Criminal Code, the Oaths Act and the Federal Civil Rules. There is also the problem of the territorial applicability of the Act to states. Against this background, this research has made certain recommendations including: training and creating awareness to make public institutions acknowledge the fact that they are bound by the FoI Act and its provisions underlie their daily decision making with regards to information management; the secrecy laws and all regulations in conflict with the FoI Act should be reviewed to make them conform with the provisions of the FoI Act; public institutions and the courts, which are saddled with power of judicial review under the Act, should clearly and narrowly interpret the exemptions provisions under the FoI Act and subject them to strict “harm” and “public interest” test. The effectiveness of the right to access information would be undermined if the exemptions are given excessively wide interpretation. Otherwise, the objective for the passage of the FoI Act as a means of encouraging more open and inclusive governance process may be defeated on grounds of the exemption provisions.
TABLE OF CONTENTS
Title page
Declaration
Certification
Dedication
Acknowledgments
Abstract
Table of Contents
Table of Cases
Table of Statutes
Abbreviations
CHAPTER 1: GENERAL INTRODUCTION
Background of the Study
Statement of the Problem
Objective of the Research
Methodology of the Research
Literature Review
Justification of the Research
Organizational Layout
CHAPTER 2: CONCEPTUAL CLARIFICATIONS AND THEORETICAL
FRAMEWORK ON FREEDOM OF INFORMATION LAW
Introduction
Conceptual Clarification of Key Terms
Meaning of Freedom of Information Law
Meaning of Public Interest Test
Origins of Freedom of Information law
Link between Freedom of Information, Freedom of Expression and
Right to Participation
Impact of Freedom of Information on Politics, Economics and Public
Administration
International Standards for Freedom of Information Law
The United Nations
Regional Standards
International Jurisprudence
Inter-American Court of Human Rights
European Court of Human Rights
Features of a Freedom of Information Regime
Principle 1 - Maximum Disclosure
Principle 2 – Obligation to Publish
Principle 3 – Promotion of Open Government
Principle 4 – Limited Scope of Exceptions
Principle 5 – Process to Facilitate Access
Principle 6 – Costs
Principle 7 – Open Meetings
Principle 8 – Disclosure Takes Precedence
Principle 9 – Protection for Whistleblowers
CHAPTER 3: ANALYSIS OF THE LEGAL REGIME OF THE FREEDOM OF
INFORMATION ACT IN NIGERIA
Introduction
The Right of Access and Persons Entitled to the Right
Nature of Information Subject to the Right of Access
How to Request for Information
Contents of Freedom of Information (FoI) Request
Response to Requests
Record Keeping Obligations of Public Institutions
Proactive Disclosure Obligations of Public Institutions
Reporting Obligations of Public Institutions
Applicability of the Freedom of Information Act to States
Intelligence and Security Agencies
Power of Judicial Review
Offences under the FoI Act
CHAPTER 4 – EXEMPTIONS TO FREEDOM OF INFORMATION
Introduction
The Public Interest Test
Exemptions Subject to the Public Interest Test
Exemption of International Affairs and Defence
Exemption of Law Enforcement and Investigation
Exemption of Personal Information
Exemption of Third Party Information, Trade Secrets and
Commercial and Financial Information
Exemption of Certain Records
Absolute Exemptions
Exemption of Professional Privileges
Exemption of Course or Research Material
The Evidence Act
The Legislative Houses (Powers and Privileges) Act
The Oaths Act
The Criminal Code
The Federal Civil Service Rules
CHAPTER 5: SUMMARY AND CONCLUSION
Summary
Findings and Observations
Recommendations
Bibliography
Disclaimer: Note this academic material is intended as a guide for your academic research work. Do not copy word for word. Note: For Computer or Programming related works, some works might not contain source codes
CITE THIS WORK
(2016, 08). Analysis Of The Right Of Access To Information Under Nigerian Law.. ProjectStoc.com. Retrieved 08, 2016, from https://projectstoc.com/read/7935/analysis-of-the-right-of-access-to-information-under-nigerian-law-1325
"Analysis Of The Right Of Access To Information Under Nigerian Law." ProjectStoc.com. 08 2016. 2016. 08 2016 <https://projectstoc.com/read/7935/analysis-of-the-right-of-access-to-information-under-nigerian-law-1325>.
"Analysis Of The Right Of Access To Information Under Nigerian Law.." ProjectStoc.com. ProjectStoc.com, 08 2016. Web. 08 2016. <https://projectstoc.com/read/7935/analysis-of-the-right-of-access-to-information-under-nigerian-law-1325>.
"Analysis Of The Right Of Access To Information Under Nigerian Law.." ProjectStoc.com. 08, 2016. Accessed 08, 2016. https://projectstoc.com/read/7935/analysis-of-the-right-of-access-to-information-under-nigerian-law-1325.