By; YUSUF ISHAKU GOJE
Access to public sector information by citizens, with a few exceptions, is a right not a privilege. This is because section 14, sub-section 2, of the 1999 constitution FRN (as amended) clearly states that sovereignty belongs to the people. Similarly, it clearly states the primary purpose of government is the security and welfare of the people.
Finally, it empowers the citizens to participate in government activities. To achieve this, access to information is the fuel that power the engine of effective citizens’ engagement.
Recently, Transparency in Totality (TinT) brought together stakeholders in a town-hall meeting to dialogue on access to information in Kaduna State. The core focus of the engagement was to review the freedom of information bill and make recommendations.
The long title of the bill is a LAW TO MAKE PUBLIC RECORDS AND INFORMATION AVAILABLE AND TO PROTECT RECORDS, INFORMATION, PERSONAL PRIVACY AND SERVING PUBLIC OFFICERS IN KADUNA STATE.
At the end of the engagement, some of us left more worried than excited that the long awaited bill might finally metamorphose into a law. The advocacy journey for the passage of this bill by the civil society started way back in 2015, with the commitment made by the immediate past Governor in his inaugural speech to pass it.
This was followed by a commitment made in the Open Government Partnership (OGP) State Action Plan (2018-2020) and was part of the Disbursement Linked Indicator (DLI 10) in the Kaduna State Economic Transformation P4R.
The bill as it stands today leaves one with only one question, is it drafted to enable access to information or restrict it? This is so because aside from considering context, the quality of any law should be measured by the minimum global standard or conventions or national laws. In this case, this write up will juxtapose the provision of the bill with that of the Freedom of Information (FoI) Act.
The first major concern is section 4, sub-section 2 of the bill, which states, “an applicant under this law shall demonstrate specific interest in the information being applied.” This is contrary to what section 1, sub-section 2 of the FoI Act provides, that, “an applicant under this Act needs not demonstrate any specific interest in the information being applied for.”
Secondly, section 4, sub-section 3 of the bill further states that, “an applicant shall also prove: (i) residency in the State; (ii) evidence of payment of tax in the State; (iii) reasons why the information is requested; and (iv) that he needs the information to expose criminal activity or fight corruption.” This does not exist in the FoI Act, and in practice, these preconditions look like an attempt to make it very cumbersome with too many hurdles to cross just to request and access public information.
Thirdly, section 7 of the bill states that, “an application for access to information under this Law shall be made in writing addressed to the Secretary to the State Government for the attention of the public institution that has custody of the information or record. Not everyone have access to the Office of the Secretary to the State Government. As well as, the resultant bureaucratic delay may frustrate the applicant following up on the request. Information delayed is information denied.
Lastly, section 8 of the bill states the timeline for response is not later than 30 days following the date of receipt of the application to make the information available to the applicant. However, the FoI Act provides for within 7 days after the application is received. Timeliness in access to information in most cases is key to its utilization. For an applicant to wait for 30 days, without certainty the application will be granted, defeats the aim of access to information.
These are but a few disturbing observations among others. If this bill is passed as drafted, we might tick the box, but rather than enable access to information, we would have restricted it. The bill in summary seeks to give with the right hand and collect with the left hand. The members of the Kaduna State House of Assembly should do what is right by reviewing this bill to reflect the global minimum standard in terms of access to information and align with the FoI Act.
Goje volunteers as the Head of Leadership, Governance and Advocacy in the Coalition of Associations for Leadership, Peace, Empowerment and Development (CALPED)
