An Assessment Of Workability Of Freedom Of Information Act (Foia) In Journalism Professions In Nigeria

An Assessment Of Workability Of Freedom Of Information Act (Foia) In Journalism Professions In Nigeria

First Part

Introduction

1.1 Background of Research

Over the years, the agitation for the establishment of a free press society has dominated national discourse, particularly among Nigerian journalists. This is largely due to the undeniable necessity of possessing legislation that guarantees a high degree of press freedom. Evidently, it cannot be disregarded in light of the positive impact it could have on any given society.

Numerous media scholars have emphasized the necessity of a Nigeria Freedom of Information Act (FOIA). For example, Ogbondah (2003:128) noted prior to its implementation that:

“The National Assembly should enact or guarantee access to government-held information, including computerized records, for the press and the general public.”

Similarly, the Media Right Agenda (2004:4) stated that when the FOIA Bill is enacted into law as an Act of Parliament, it will make public records and information in the custody of any government – Federal, State, or Local – accessible to all Nigerians. Consequently, the Bill’s right of access to official information will be legally enforceable; under the Freedom of Information Act, it will be possible to obtain from Governors, Council Chairmen, Ministers, the President, and other public officers the specifics of any transaction conducted in their respective offices. It is believed that the law will also provide protection to public officers who discover and report fraud, thereby discouraging corruption among public office holders. In addition, Johnson, as cited by Ogbondah (2003:128-129), stated the same thing.

that:

No one should be able to erect a veil of secrecy around decisions that can be made public without jeopardizing the public’s best interests, so that a democracy can function optimally.

Until now, the obstacles posed by anti-press laws that permeate the Nigerian constitution have rendered journalism’s process of news gathering and dissemination seemingly impossible. The Nigeria Guild of Editors (2001:96) captured this well when they stated:

“We are cognizant of the responsibility of the press, but we cannot play our role credibly until repressive laws are removed from our statute books.” The achievement of this objective is contingent on the unfettered operation of the free press.”

Without ample freedom to search, gather, and disseminate information, the media as the fourth estate of the realm and the watchdog of the leaders and the led cannot successfully carry out this sacred function. Yalaju (2001:205) asserted, based on the functional aspect of the Freedom of Information Act, that:

The purpose of the right of access to information is to bolster the media by securing and protecting freedom of expression and the press in particular.

In light of the aforementioned justifications, the recently enacted FOIA endeavors to make information more accessible to journalists in the same manner that it is available to anyone else who requests information. With the law in effect, it is anticipated that the media will have access to more accurate information, thereby enhancing the character of media practice.

The fact that the Nigeria Freedom of Information Act was proposed in the context of international recognition of the right of citizens to access information held by public bodies as a fundamental human right is of no value. It is instructive to observe that the Freedom of Information Act is one of the indicators of a truly democratic state. It goes without saying that democracy is at its finest when all the information permitted by the nation’s constitution is available to the people.

In contrast, the adamant opposition of the majority of world leaders to having the FOIA enshrined in their nation’s legal code has continued to raise concerns. Little surprise, Amadi argued (2003:5):

“The issue of enacting a definitive Freedom of Information Act remains a pawn in the political chess of legislators…Such venal politicians may be delaying the passage of such legislation because they are aware that the passage of such potent pro-media, pro-people legislation will serve as an effective check on their venality. It will serve as an efficient check on their avarice. It will serve as a check because the implementation of such legislation will necessitate the removal of the enigmatic veil of secrecy that gives governance in such nations an aura of being larger-than-life. Consequently, politicians will continue to oppose it.”

The delay in passing the Nigerians Freedom of Information Act more than a decade after its first proposal in 1999 may not be unrelated to Nigerian legislators’ apprehension.

Moreover, if the media are to fulfill their responsibilities in the spirit of fairness, accuracy, balance, and objectivity, there should be no alternative to obtaining information from primary sources (the government and its agencies). Otherwise, the media may be tempted to engage in “speculative reporting” or, even worse, rely on secondary sources, which may be misleading or biased.

In light of these circumstances, the purpose of this study is to evaluate the Freedom of Information Act and its impact on media practice in Nigeria. In essence, the purpose of this study is to determine, among other things, to what extent the Act could facilitate effective journalism practice in Nigeria.

1.2 Statement of the Problem

The recent passage of the Freedom of Information Act in Nigeria has been hailed by many supporters as a step in the correct direction. Media professionals believe that Freedom of Information, as a communication phenomenon, will play a crucial role in putting Nigeria on the path to development. It will also increase the participation of the people in government programs and policies and lead to greater accountability and good governance. In spite of this, the issue is the level of preparedness on the part of the FOIA’s primary agitators, namely journalists, in terms of maximizing the Act’s provisions for effective journalism practice.

As much as the Freedom of Information Act (FOIA) promises, its applicability in a country like Nigeria, where there is a propensity for lawlessness, tends to undermine its potential for promoting effective media practice.

The extent to which Nigerian media professionals are familiar with the provisions of the Freedom of Information Act determines the law’s effectiveness. It appears that few journalists are familiar with the provisions of the FOIA, limiting their access to information held by the government and other public institutions.

Moreover, regardless of whether the introduction of the FOIA heralds an era of freedom with or without accountability, media practice continues to be a matter of great concern. Due to the fact that media professionals are not yet well-versed in the provisions of the Act, it becomes difficult to take advantage of it. Moreover, the argument that the FOIA represents an era of freedom without responsibility and a threat to national security continues to be a matter of grave concern.

1.3 Objectives of Research

The purpose of the investigation is, among others:

Determine the extent of FOIA awareness among Nigerian journalists.

Determine the extent to which the Freedom of Information Act can assist media practices in achieving fair, balanced, accurate, and objective reporting.

Determine the apparent obstacles to maximizing the Freedom of Information Act in Nigeria.

4. Determine whether the FOIA will genuinely guarantee journalists in Nigeria “unfettered” access to government-held information.

5. Determine whether the act will make journalism more prospective, particularly in terms of deciding what to report or not to report.

1.4 Investigative Questions

What is the degree of FOIA awareness among journalists in Nigeria?

In what ways can the Freedom of Information Act aid media practices towards fair, balanced, accurate, and objective reporting?

What are the apparent obstacles to the effective implementation of the Freedom of Information Act in Nigeria?

Will the Freedom of Information Act genuinely guarantee journalists in Nigeria “unfettered” access to government-held information?

Will the act make journalism more prospective, particularly with regards to deciding what to report and what not to report?

1.5 Hypotheses of the investigation

The Freedom of Information Act has no significant effect on the media’s practice of providing fair, balanced, accurate, and objective reporting.

H1: The Freedom of Information Act has a significant impact on the media’s equitable, balanced, accurate, and objective reporting.

1.6 Importance of the Research

This study is significant in multiple ways; consequently, it will endeavor to determine the point of convergence between the Freedom of Information Act and effective media practice. In addition to its immense potential to contribute to the corpus of knowledge, the study offers a variety of insights into FOIA provisions, thereby raising awareness of the law and its implications.

Additionally, the research can serve as either an addition to or a replacement for existing literature on freedom of information in Nigerian libraries. It will also be helpful to prospective researchers who may wish to enter this field of research.

Again, journalists, editors, specialized organizations, society, the government, etc., are included in this category.

a great deal to gain from the investigation. It provides journalists with ample opportunity to advocate for national development and the establishment of government transparency. Through this research, the government could tap into the untapped potential of the law as it is taught in order to provide its citizens with superior service.

In a similar vein, the significance of the study lies in the fact that it provides a platform for government press collaboration, which, if utilized, can promote national development.

1.7 Scope and Boundaries of the Study

The purpose of this study on the evaluation of the Freedom of Information Act is to evaluate the FOIA and how it affects media practice in Nigeria. It will be limited to the River state branch of the National Union of Journalists.

1.8 Restrictions of this research

Due to the extremely limited funds and resources available for this study, it will be limited to the National Union of Journalists in Port Harcourt, River State, due to the sensitivity of officers who are in a position to provide information but are unwilling to do so.

1.9 Terminology Definitions

Act: A law enacted by the National Assembly and sanctioned by the president.

Constitution: The corpus of laws and principles that governs a nation (such as Nigeria) or other organization.

The Freedom of Information Act (FOIA) is a law that guarantees citizens access to information held by the government.

Journalism is the gathering and publishing of news for newspapers, magazines, radio, television, and the Internet.

Regarding the examination or evaluation of the worth or significance of something.