EVALUATION OF THE POTENCY OF THE FREEDOM OF INFORMATION ACT IN NIGERIA
Abstract
The rights to the freedom of expression and information have often been described as the keys to sustainable democracy, without which harmony would be short-lived in any jurisprudence. Thus, it is the need to ensure the accessibility of this sustainable democracy that has warranted the enactment of the Freedom of Information Act, 2011. However, more than a decade after being passed, it is being said that the Act is yet to pragmatically guarantee the freedom and access to the right of information expected of it. This has been sustained on the fact that there is still an enthroned secrecy in the accessibility of public records and information in Nigeria in addition to the problematic enforcement of the provisions of the Act. Confronted by such a status quo, this long essay seeks to totally evaluate the potency of the Freedom of Information Act of Nigeria. It sets out to achieve this task by adopting the doctrinal research methodology in its quest and, in an analytical manner, making recourse to scholarly journals, case laws, and international treaties within the confines of its concerns. Finding indeed that there is a significant limitation between the provisions of the Act and its pragmatic implementation in Nigeria, it further compares the Nigerian FOI regime against that of USA and the South Africa in search for a sustainable framework for access to information in Nigeria. Arming itself with lessons from such selected jurisdictions, it thus recommends a systemic overhaul in the enforcement of the provisions of the FOI as well as an adoption of an adequate collaborative effort between the regulatory bodies and stakeholders in promoting information rights literacy in Nigeria.
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