Freedom of Information and National Security: Issues and Prospects for Nigeria - Term Paper Example

Freedom of information in Nigeria is a rather foggy affair with almost all government documents marked top secret or ified information and the public officers are not supposed to divulge any kind of government information to the public. Besides Nigeria being ranked as one of the most corrupt state, it is slowly headed to the rank of the most secretive state in the world. A number of legislations have been put in place to support this secretive orientation of the Nigerian government. The most notable of the legislation is the Official Secrets Act which forbids civil servants from divulging official information to the public and anybody who does so commits an offence. The explanation for this secretive policy may not be very clear but most of the nations that have taken this orientation of secrecy including Nigeria have cited national security as one of the greatest motivations for the secrecy policy. This paper seeks to highlight the issues and prospects as far as the freedom of information and national security in Nigeria are concerned. Freedom of information may be defined as the right of any citizen in any state to be informed in writing or in any form appropriate on request of disclosure from a governmental agency and if the agency refuses the citizen can demand the reason for refusal. In other words, any citizen has a right to demand any kind of information from the government or its agent upon which if the government or agent deems otherwise then the citizen has a right to demand an explanation as to why he or she has been denied the information requested for (Horrigan, 1998: pp90). Freedom of information legislation is sometimes known as open records is a set of rules that allows for access to government held information by the public. These sets of rules form the legal framework that puts the government under obligation to avail government information to the public as need may be. Most countries in the world have legislated FOI. Actually, more than 70 countries countrywide enjoy this freedom to information with Sweden's FoI legislation termed as the Freedom of the Press Act dates far back to 1766 and it is deemed to be the oldest worldwide. In Africa, only three countries have legislated FoI and these are Angola, S. Africa and Uganda. Nigeria is in the process of legislating FoI even though the process has been very slow and often laced with controversy. However there are hopes that with the present pressure on the government from stakeholders in FoI i.e. the public, press/media, judiciary, human rights activists, NGOs etc, the bill is likely to sail through the House of Representatives sooner than later. National security on the other hand refers to the obligation to preserve the endurance and survival of a nation or state through by the use of political, military and financial power. It is an investment that the nation makes to make sure that her citizens are safe and they lack nothing. Further, the national territory together with its institutions may uphold integrity and this integrity is what is called national security. In other words, national security is the integrity of the national territory and its institutions (Raskin, 1979). What relationship exists between freedom of information and national security The two are closely related that when you mention one the other is implied. There are restrictions to the freedom of information legislation simply because of national security. As much as people need to have freedom of security for the functioning of democracy, the degree should not reach a point that can injure national security. A nation has to have its secrets which must not reach the hands of enemies who may threaten the political, financial and even physical safety if the citizens. Therefore the two are related in that if a nation overindulges in one, the other suffers loss i.e. if a nation overemphasizes national security, freedom of information may not prevail sufficiently and if a nation gives too much freedom of information without a limit, then national security will be at risk of erosion. Most countries' FoI legislation often comes as a package including legislations on privacy or protection of data and Nigeria is not an exception because even before fully embracing FoI it has a very strong and quite ridiculous government secrecy culture of rating every government file or document as top secret or classified information. Some of these legislations include: Official Secrets Act, Public Complaints Commission Act, Statistics Act, Criminal Code and the Evidence Act (Lawson et al 1996). Besides the Official Secrets Act, there is there are more restrictions to information enshrined in the Public Complaints Commission Act, Statistics Act, Criminal Code and the Evidence Act. All these legislations bar free and easy access to information and thus this makes state information or government to be impenetrable. It is true that the motivation of these legislation is to protection of sensitive government information but the level of secrecy is far much ridiculous in that even if it is a file carrying cutting of newspapers which are already in the public domain is still marked as "top secret" or "classified information" (Olukoya, 2008). The secrecy is too much up to an extent that some civil servants at one instant refuse to give some information to the National assembly after the National Assembly requested for the information. Now if the National Assembly can be denied access to information, how much more can a common citizen be barred from accessing any government information The corruption rates in the Nigerian government can be blamed in part, besides of course the reason stated earlier, because if one has committed an act of corruption, there is high possibility of such an individual classifying or marking as "top secret" any document that is likely to implicate him or her. Still on corruption, journalists have been the victims of this government's culture of secrecy as far as the government information is concerned journalists are often feared that they nay unearth the corrupt deals that take place at the heart of government departments and this is the reason they are barred from accessing any kind of government information. Others on the list of victims of the overly secretive culture of the Nigerian government is the millions of students who from time and again require information for their research. These students fail to get the access to the information they may be seeking. Some of these students include those pursuing political science, economics, sociology, philosophy, developmental studies or any other degree or diploma program that at times will want to analyze some official governmental documents. Generally, the effects of this Nigerian information policy are far fetching and often affecting the functioning of other sectors of government and in the social domain because somebody basically sits on information that would otherwise benefit millions of people. A great contrast is drawn when considering the advanced countries where most of the information so dearly protected by the Nigerian government actually appears in the internet. The far fetching negative effects of this secretive orientation of Nigerian government as far as government information is concerned has not only raised concerns from the public and human rights forums but have pushed for the passage of the Freedom of Information Bill. This bill was first moved in the National Assembly in 1999 after the Nigerian government changed hands from the military dictatorship into democratic rule. There was so much hope then that the bill was going to be passed into law but the legislature did their four-year terms without passing the bill. The same bill was again resubmitted in the National assembly in 2007 and yet it is to be passed despite the intense pressure from formidable quarters such as the Information Coalition made up of more than 100 media groups, business community, human rights organisations and even NGOs (Justice Initiative, 2007). A good example of NGO's that have shown their commitment to the freedom of information in Nigeria is the International Press Centre (IPC) which is currently running a campaign to make the legislatures give support to the bill. The NGO supports the installation of the media independence in Nigeria and this explains why the NGO is currently mounting that campaign. The campaign entails the public and other human activists sending short messages via SMS to any of the more than 200 legislators asking for their kind support for the bill when it finally comes up for debate and its consequent passage or otherwise. These legislators' numbers are posted at the NGO's website (Okafor, 2005: p156). The struggle for freedom of information has its history and it has lasted for more than a decade. Another NGO called MRA has given its support for the struggle for freedom of information in Nigeria but it stands out because it has wedged the campaign for more than 10 years i.e. since 2003 and still on the very same cause. In this long stretched struggle for freedom for information in Nigeria, MRA joined forces with other organizations such as the Nigerian Union of Journalists and Civil Liberties Organisation and their participation has been action packed and focussed. They drafted the Access to Official Information Act in 1994. This act evolved into the current Freedom of Information Act which is awaiting passage in the National Assembly. The question that remains ringing in most people's heads is what the government fears in passage of the bill Going by the former head of State Olesugun Obasanjo, an ardent opponent of the bill, if the bill is passed, it will give the journalists substantial amount of probing power into the governments activities. Based on this and assuming that most politicians are of the same view as that of the former head of state, and with the current corruption rates, a sufficient amount of pressure has to be unleashed for the bill to sail through the National assembly to become law. As mentioned earlier, the Freedom of Information Bill is related to issues of national security. This is supported by the very words of the chairman of the parliamentary committee dealing with the issues surrounding the bill he says "The bill has generated a lot of interest and we are fine tuning aspects that will affect national security. Thereafter it should be passed." His words, despite refuting the fact that the bill has been caught up in the midst of the political limbo, leaves many Nigerians with more questions. For example, the fact that the bill threatens national security ha left most wondering why those countries enjoying freedom of information are not as such vulnerable to attack or any factor threatening national security. The political debate on the bill (most politicians thinking it is alright to pass the bill while others, especially those whose hands are deeply contained in the pot of corruption, think the bill is threatening and thus should not be passed) continues besides the pressure from stakeholders on the legislators to pass the bill which increases by the day (Media Review, 2004: p36). The concern of national security raised is however valid because freedom of information requires responsibility but if freedom of information is coupled with a reckless media/press then this can injure national security (Roberts, 2006:p35). In fact there is need for balance of the two because overemphasis of one strains the other. This balance needs diligence because most often states wonder what degree of secrecy has to be upheld so as to protect national security and to what degree has the freedom of information has to be granted to enable the functioning of democracy. The former president, Obasanjo, had cited security concerns in both 2004 and 2006 when the bill was passed successful by the members of the House of Representatives but he withheld assent (Iriekpen, 2008) Regardless of the validity of national security concerns, the freedom of information is still possible. There is no way democracy can be held in jeopardy just because of national security concerns. There is always need for moderation and all that Nigeria needs is to moderate the two in a way that none suffers. They can refer to the example of the US which enjoys sufficient democracy afforded by the freedom of information at the same time maintaining a relatively safe nation. With the current president in support of the bill (Iriekpen, 2008) amidst the controversy surrounding the bill the bill remains on of the most tenacious and resilient bill that has attracted and sustained public attention and concern and stayed at the House of Representatives for a very long time. The freedom of information enjoyed by any country puts that country among the comity of other nations which pass as civilized nations simply because of the their already legislated FoI which makes them enjoy a number of liberties unknown to those who know not the prescriptions of the FoI legislation. In November this year, the Nigerians held a public debate or forum attended by among others the attorney genera. It was agreed during the forum that the debate that it was time that the bill was passed to enable Nigeria afford liberties for its citizens among other benefits that come with such a bill. If the bill is passed, then Nigeria will be 4th in the league of other African states that embrace the freedom of information: South Africa, Uganda, and Angola (Justice Initiative, 2007) and also the first West African state to legislate freedom of information. A senate committee that was constituted to iron out the contentious issues release a number of recommendations which among others, the media rights agenda has rejected. The committee changed part of the bill and provided for conditional access to information where the condition is "provided the information doesn't in any way jeopardise national security" Much emphasis has been laid on the condition. MRA on the other hand rejected the provisions made by the committee calling them obnoxious excuses that absolve government of responsibility. The Freedom of Information Coalition (FOIC) also rejected the proposals of the committee (Media Rights Agenda, 2008). Presumably, the national security concerns raised by the government to derail the passage of the FoI have been seen as excuses with other suggesting that the widespread corruption at the heart of government is threatened by the passage of the bill. Transparency International Nigeria chapter has written to the Nigerian senate citing three reasons why the Nigerian government must pass the bill. First, they cite the power of the code of secrecy in the government to propagate corruption. Substantial reduction in corruption cases shall come with the passage of the bill which will interconnect all systems in the government and society thus installing a national integrity system which has the power of fighting and preventing corruption at the same time. Secondly, Nigeria, according to TI-Nigeria, is under obligation to legislate legal system that is in sync with the international obligation that it has ratified. Some of the ratifications to the international obligations that Nigeria has made include: United Nations Convention Against Corruption (UNCAC) African Union Convention on Preventing and Combating Corruption ECOWAS Protocol On the Fight Against Corruption All the above international treaties that Nigeria has ratified support the FoI. For example, Article 5(i) of the ECOWAS Protocol on the Fight against Corruption prescribes the obligation of the state parties in exercising the right to information whereas Article 13(b) of the United Nations Convention against Corruption commands the state parties to ensure that the public has access to information. Therefore, with the ratification of Nigeria to these treaties, it is under obligation to pass the FoI Bill. Finally, the right to information, according to TI-Nigeria is a fundamental human right as prescribed by article 19 of the Universal Declaration of Human Rights (Lawson et al 1996: pvii). Further the Declaration of Principles on Freedom of Expression by the African Union distinguishes the access to information as a strong aspect of the right to freedom of expression enshrined in the UDHR. All these instruments of human rights are applicable to Nigeria and Nigeria has an obligation to afford to its citizens the right to information thus the urgency instigated by the public for the passage of the FoI Bill (Transparency International, 2008). The freedom of information is not a piece of bread. As stated earlier it has to come with responsibility. One of the US statesmen termed freedom of information as the currency of democracy. Actually this is true as can be seen from the fact that most of the strongest democracies embrace legislation of freedom of information. The two, freedom of information and democracy are complementary to each other. There is no complete democracy without freedom of information. The second advantage is the fact that legislation of freedom of information reduces, prevents and fights corruption. Most of the countries that have not legislated the freedom of information rate high in corruption. A good example is Nigeria. If Nigeria legislated the pending freedom of information bill, there will be a drastic decrease in corruption in this West African country that rates favourably worldwide in incidences of corruption. Maybe this is because the legislation of the bill has .taken ages besides the cited fact that the passage of the bill might compromise national security. Lastly, freedom of information has power to eradicate stratification of society and thereby securing equal citizenry. However, freedom of information can be a two edged sword only when manhandled especially by a reckless press. Otherwise, the advantages override the disadvantages thus making the freedom of information, apart from being a fundamental human right, good (Chakravartty & Zhao, 2008: p254-6). In conclusion, Nigerian government has a responsibility to decide once for all and legislate the freedom of information not only because of affording its basic rights, or because of the benefits of the bill but also because it has an obligation to do so based on the ratified international treaties it has committed itself to (Ihonvbere, 1994). The more than seventy countries that have legislated similar bills have recorded substantial benefits in terms of exercise of democracy, transparency and accountability. The citizens keep on pressing for the passage of the bill because they know its benefits. Reference Olukoya Sam (2007) NIGERIA: Freedom of Information Bill Proves Elusive retrieved on 20th Dec 2008 from http://ipsnews.net/africa/interna.aspidnews=24297 The article talks about the degree of secrecy in Nigeria as far as government information is concerned. Most documents are marked top secret and others classified information all in the name of national security. Even a file with newspaper cuttings which are already in the public domain are also marked top secret. This secrecy is ridiculous. The media and other stakeholders are running a campaign to ensure that they have made personal appeals to legislators to vote for the freedom of information Bill when it is next due for voting in the House of Representatives. Iriekpen, Davidson (2008) As Yar'Adua Backs Freedom of Information Bill, All Africa.com retrieved on 20th Dec 2008 from http://allafrica.com/stories/200811050820.html Unlike former president Olesugun Obasanjo who was so much opposed to the bill, the present president is in support and says the citizens have right to information. A public lecture organized to identify and iron out the so called contentious parts of the bill was attended by among others the attorney general himself. There is a lot of campaigning to make sure that the bill is passed and this time seriously because the senate and the house of representatives had passed the bill twice in the past, 2004 and 2006 but the then president who was against the bill declined to assent to it. Justice Initiative, (2007) Freedom of Information Bill Advances in Nigeria retrieved on 20th Dec 2008 from http://www.justiceinitiative.org/db/resource2res_id=103632 The 2007 hails the Nigerian House of Representatives for having passed the bill in 2006 which was forwarded to the then president to assent to it. It should be remembered that the president declined to sign it citing national security concerns and therefore the bill had to go back to the hose of representatives to be reevaluated. A committee selected to make recommendations on the bill made unacceptable segmentations that the members of the House of Representatives refused and even some called them nonsense. Media Rights Agenda, (2008) Media Rights Agenda Rejects Senate Committee Recommendations on FOI Bill retrieved on 20th Dec 2008 from http://mediarightsagenda.org/press_release_29_08_08.html Media Rights Agenda rejects the suggestions made by the senate information committee that was chosen to harmonise the bill. The suggestions made include the fact that every individual has right to0 access government information provided the information does not threaten national security. This suggestion is wide and vague and was intended to deny the citizens freedom and access to government information. Transparency International, (2008), Freedom of information indispensable to the fight against corruption retrieved on 20th Dec 2008 from http://www.transparency.org/news_room/latest_news/press_releases_nc/2008/2008_06_02_nigeria_foi_bill TI Nigeria chapter asserts the fact that the Nigerian government is under obligation to pass the freedom of information Bill because of the international charters that the government has ratified in Nigeria. These treaties call for freedom of information and needs that the members allow the citizens' unconditional access to government information and the fact Nigeria has ratified the international treaties means that it is a member and thus is under obligation to do all that the treaties prescribe and freedom of information legislation is one of these prescriptions. Roberts Scott (2006) Blacked Out: Government Secrecy in the Information Age, Cambridge University Press, p35 The fact that Nigeria upholds high degree of secrecy is misplaced in the present information age when citizens should be given even more access to information especially in democracies. Lawson et al (1996) Encyclopaedia of Human Rights Taylor & Francis Publishers, pvii The encyclopaedia gives a list of international treaties and declarations that talk about freedom of information being a human right. Examples of the international treaties and declarations include: United Nations Convention Against Corruption (UNCAC) African Union Convention on Preventing and Combating Corruption ECOWAS Protocol On the Fight Against Corruption However, every country that has legislated FoI bill has other legislations that go hand in hand with the bill as a way of balancing national security and FoI. Okafor Obiora, (2005) Legitimizing Human Rights NGOs: Lessons from Nigeria Africa World Press, p156 The NGOs and human rights organizations in Nigeria have done a commendable job of mounting campaigns and pressure on the government to pass the bill. The NGOs therefore have more obligations to play than relegating to private practice they come forth to the public fore and fight for the common rights of citizens as those in Nigeria have done. Chakravartty & Zhao, (2008) Global Communications: Toward a Transcultural Political Economy Rowman & Littlefield Publishers, p254-6 Besides the FoI bill breaking the cultural and social stratification it is also likely to reduce incidences of corruption in Nigeria thus making it have a better image internationally as a country that one can invest in because of lack of corruption and upheld integrity in most public government institutions. Media Review (2004), Diamond Publications, p36 FoI bill and its relationship with national security is highlighted only to the degree that Obasanjo's administration was citing national security as the reason why the bill could not be passed but corruption component was seen in the failure of passage of the bill such the corrupt government could continue to protect their corrupt deals because if the bill is passes, the documents giving in their corruption activities may be accessed and thus they will be incriminate. Therefore, beside the national security, corruption also explains the delay of passage of the bill. Ihonvbere Julius (1994) Nigeria: The Politics of Adjustment & Democracy Transaction Publishers, p73-75 The treaties that Nigeria has ratified require that it adjusts its legislations to allow unperturbed democracy. Horrigan Bryan (1998) Government Law and Policy: Commercial Aspects Federation Press, p90 The book highlights the government's obligation to the public especially the commercial sector specifically on matters to deal with information. The government shall divulge information to any member of the public on request and in written form. If the government or its agency refuses such information then it has to write to the citizen requesting it and explain why his/her request can't be granted. Raskin Marcus (1979) The Politics of National Security Transaction Publishers, pp5-7 The book highlights the politics of national security and how it can be achieved without infringing other human rights such as freedom of information and democracy. Read More