Appraising the limitations on the right to freedom of information in Nigeria

Abstract

The value and necessity for information to human beings has been recognised for a very long period of time. The desire for information is not only natural but also essential to human survival and well being. Access to information brings about the entrenchment of democratic tenets of openness, transparency, accountability and responsiveness in governance. This paper focuses on the limitations to the right to Freedom of Information (FOI) under Nigerian law. It asks whether it is apt to place limitations on the right to FOI in Nigeria by exploring the views of its proponents and opponents. To achieve this objective, relevant provisions of the extant legal instruments in the country were examined. These include: The Constitution of the Federal Republic of Nigeria 1999 (As Amended), the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act 1983, the Official Secrets Act, 1962 and the Freedom of Information Act 2011. The paper adopts a doctrinal research methodology. The paper reveals that FOI is a statutory right which has certain limitations. It also reveals that placing numerous limitations on the right to FOI may eventually erode the right. It is, therefore, recommended that there should be less restriction on right to FOI. However, restrictions can be placed on any foreigner who applies to obtain any information from the government institutions in Nigeria. This is to ensure that security and territorial integrity of the country are not sacrificed in the name of the right to FOI.