By Sandra Umeh
Lagos – Some Lagos-based lawyers have called for adequate compliance with the provisions of the Freedom of Information Act (FOI), so as to enhance constitutional provisions of the freedom of expression.
The lawyers told the News Agency of Nigeria (NAN) on Tuesday in Lagos that a strict compliance with the provisions of the FOI Act would promote transparency, and keep both private and public officers constantly in check, adding that sanctions also be spelt out for nonadherence.
NAN reports that the Freedom of Information Act 2000, provides public access to information held by public authorities.
It does this in two ways namely: public authorities are obliged to publish certain information about their activities; and on the other hand, members of the public are entitled to request information from public authorities.
The Lagos lawyers have, however, bemoaned the non-availability of certain information when sought, and have called for due observance of these provisions as well urged that sanctions be meted out to offenders.
A Constitutional lawyer, Mr Samuel Esoga, told NAN that before May 2018, there had been a level of compliance with the Act but same had diminished over time.
“Before May 2018, the FOI provisions were complied with to a large extent, however, some institutions hide under some of its provisions to withhold information upon request,” he said.
Esoga said that sections such as 12(1)(a), (v) S 14(1)(b) and 15(1)(a) of the Act, places exceptions on information that can be disclosed, and so, institutions think they are not obliged to disclose information that they consider a breach of personal privacy.
According to him, this has been the ground relied on by some institutions to refuse disclosure of required information, adding that it is important to redress same.
In the same vein, another lawyer, Mrs Adaobi Ezikeoha, said that though the FOI Act spells out clearly its “modus operandi”, the legislature could assist in giving effect to its provisions.
She said that flowing from the FOI Act, the 3rd schedule of the constitution provides that information could only be made available for inspection on terms and conditions as prescribed by the National Assembly.
Ezikeoha, however, said that she was in doubt if such terms and conditions had been prescribed and therefore, called for an enhancement of the process.
On his part, a Rights Campaigner, Mr Spurgeon Ataene, said that the Freedom of Information Act was well thought out but remains largely an ideal paper work.
According to him, some organisations and establishments will rather intimidate information seekers, or engage the services of senior lawyers to defend them instead of giving out information within their domain.
“Therefore, to give bite to the law, there should be periodic reviews of files by a body set up for that purpose with a view to determining if there has been undue refusal to oblige information upon demand.
“The penalty for refusal to disclose such information should range from heavy fines to prosecution of those involved in withholding information,” he said.
