Presentation by TI-Nigeria to the Nigerian Senate on the FOI Bill

Freedom of information indispensable to the fight against corruption

MEMORANDUM SUBMITTED BY TRANSPARENCY IN NIGERIA (TIN) TO THE SENATE COMMITTEE ON INFORMATION ON THE OCCASION OF THE PUBLIC HEARING ON THE FREEDOM OF INFORMATION BILL

We write with reference to your advertisement on page E4 of the Daily Independent of May, 29 2008.

Transparency in Nigeria (TIN) is the Nigerian national chapter of Transparency International, the global coalition against corruption. Transparency in Nigeria has studied the Freedom of Information Bill presently before the two Houses of the National Assembly and strongly supports its passage into law for the following reasons: Access to Information Law is an indispensable tool for fighting corruption; Nigeria has obligation under International Treaties to which it is party to have a Access to Information law; Access to information is a human right.

FREEDOM OF INFORMATION LAW AS INDISPENSABLE TOOL FOR FIGHTING CORRUPTION

Corruption is not committed in the open. Secrecy in governmental affairs promotes corruption while openness and transparency deters corruption. It is better to prevent corruption than to fight it when it occurs. To prevent corruption and even to fight it calls for the building of a national integrity system. A national integrity system is a term that encapsulates the interconnecting institutions, laws, procedures, practices and attitudes that promote integrity and reduce the likelihood of corruption in public life. It provides for a system of accountability under which a virtuous circle is perfected: one in which each actor is both a watcher and is watched, is both a monitor and is monitored. According to Transparency International, Access to Information law is one of the institutional pillars of the national integrity system. The absence of that pillar in Nigeria means that our national integrity system does not stand firmly.

NIGERIA’S OBLIGATION UNDER INTERNATIONAL LAW TO HAVE ACCESS TO INFORMATION LAW

Nigeria has ratified the United Nations Convention Against Corruption (UNCAC), the African Union Convention on Preventing and Combating Corruption, and the ECOWAS Protocol On the Fight Against Corruption. It is a basic principle in international law that a state which has ratified an international treaty is under obligation to make its domestic legal system to comply with its international obligation.

The above international anti-corruption instruments to which Nigeria is party require state parties to have Access to information laws. Article 9 of the African Union Convention on Preventing and Combating Corruption provides as follows:

Each State Party shall adopt such legislative and other measures to give effect to the right of access to any information that is required to assist in the fight against corruption and related offences.

Article 13(b) of the United Nations Convention Against Corruption requires state parties to take measures to ensure effective public access to information.

Article 5(i) of the ECOWAS Protocol on the Fight against Corruption requires state parties to take measures to the exercise of the right to information.

ACCESS TO INFORMATION AS HUMAN RIGHT

Right to receive information is a human right under the international human rights instruments applicable to Nigeria. The right to access to information is a human right within the meaning of article 19 of the Universal Declaration of Human Rights (UDHR) and article 19 of the International Covenant on Civil and Political Rights (ICCPR). The African Union Declaration of Principles on Freedom of Expression in Africa also recognizes the right to access to information as an aspect of the right to freedom of expression. Article 10 of the African Charter on Human and People’s Rights provides that every individual shall have the right to receive information.

Section 36 of the 1999 constitution guarantees the right to freedom of expression which includes the right to receive information. The enactment of access to information law will give expression to this provision.

Furthermore, section 14(1) of the 1999 constitution provides for the participation of the people in government. There can be no meaningful participation of the people in government if the people do not have access to publicly held information. Furthermore, section 22 of the constitution requires the media to uphold the responsibility and accountability of the Government to the people. The media can only perform this function effectively if media practitioners have access to publicly held information.

It is however, suggested that the short title of the bill be changed to “Access to Information” bill.

PRAYER

The National Assembly is urged to pass this bill expeditiously.

Osita Nnamani Ogbu

SECRETARY GENERAL
TRANSPARENCY IN NIGERIA