Wednesday, May 21, 2008

Don't Further Delay FOI Bill

Last week, the House of Representatives set aside the Freedom of Information (FOI) Bill, thereby further delaying its enactment - against popular, informed yearnings. But the centrality of the bill to the doctrine of accountability and transparency demands that its passage and presidential endorsement be pursued urgently.
The retrogressive step taken by the federal lawmakers is clearly blind to the uniqueness of the FOI. The explanation proffered after their action is also not convincing enough. As the Deputy Speaker, Usman Bayero Nafida, put it, "The position of members was that they be given copies of it for them to study and know the kind of contributions expected of them.... We are at liberty to use all options within the rules to make our laws. We may take it up during the Constitution review process."
This line of argument can only confirm the fears in some quarters that the legislators are prevaricating because of self-interest, that public office holders in Nigeria are apprehensive of having their shady dealings exposed. Tying the fate of this all-important bill to the National Assembly's attempt at Constitution review makes the postponement even more ridiculous as the nation is conversant with the bureaucratic bottlenecks and theatrics that go with constitutional amendments.
If the present NASS and President fail to incorporate the FOI into the country's statutes, the bill may become jinxed. And that would indeed be tragic. Early last year, after staying at the NASS for a long time, it was passed by both chambers only for the former president, Chief Olusegun Obasanjo, to withhold his assent. It was a needless anti-climax.
First introduced as a private member's bill, it seeks to enhance accountable governance by liberalising information dissemination between public officers and interested members of the public. The opposition it had received during the last tenure was hinged on the fallacy that the country was not ripe for the kind of freedom that would give unfettered access to "secrets," that it would pitch the press against public officials, a situation that could result in anarchy.
But there is no basis for those apprehensions. Far from being a preserve of journalists, the bill, if passed, will let Nigerians into the workings of government and boost their quality of participation. And for an administration eager to be remembered for due process, respect for the rule of law and war against corruption, there is no better way to demonstrate its sincerity of purpose and enlist the support of the populace than legitimising the desire to obtain information about its activities freely.
This stance is authenticated by the fact that despite its much - touted anti-graft campaign, the last administration fell short of its own target - as suggested by the ugly revelations emanating from the on-going probes at the House. Not even the prominence of such agencies as the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) could check those anomalies. The missing link could be the secrecy under which that administration operated - without the benefit of the FOI.
The desirability of this bill is, therefore, not in doubt. While it may be necessary for the new members of the House to acquaint themselves with the provisions of the bill, it is necessary that they show Nigerians their seriousness to enact a law that would enhance responsibility, especially in the public service. Self-control and discipline are two critical ingredients for the nation's socio-political engineering. The prime place of the FOI bill in nurturing those attributes must not be lost on the legislators