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The Global Integrity Report (report.globalintegrity.org)
2007 Assessment

Nigeria: Integrity Indicators Scorecard

Nigeria: Integrity Scorecard Report > Sub-Category: Public Access to Information
Indicators   Score
12 Do citizens have a legal right of access to information? 0
13 Is the right of access to information effective? 25

Indicator and sub-Indicator Details

12 Do citizens have a legal right of access to information?
 
  12a: In law, citizens have a right of access to government information and basic government records.
 
Score: YES  NO score
  Comments: These laws compel public officers not to give out official secrets. CSOs have been undertaking advocacy for a Freedom of Information law for the last eight years. The bill was passed by the National Assembly in January but the president refused to sign it into law. There are moves now by CSOs to begin advocating with the new National Assembly, whose tenure just began.

References: 1. Section 1 (1) , Official Secrets Acts, 1962 2. Section 97(1), Nigeria Criminal Code Act, 1990

Peer Review Comments: This is a challenge for journalists trying to provide evidence to support their stories and confirm the information from their sources. The proposed Freedom of Information bill is still being debated at the National assembly and awaiting passage into law.

  12b: In law, citizens have a right of appeal if access to a basic government record is denied.
 
Score: YES  NO score
  Comments: The is no legal right to access information, so there cannot be a formal process for citizens to have the right of apeal.

References: 1. Section 1 (1) , Official Secrets Acts, 1962 2. Section 97(1), Nigeria Criminal Code Act, 1990

  12c: In law, there is an established institutional mechanism through which citizens can request government records.
 
Score: YES  NO score
  Comments:

References: There are no such laws or government policies.

13 Is the right of access to information effective?
 
  13a: In practice, citizens receive responses to access to information requests within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: Since there is no law, citizens generally have no rights to get public information and are at the mercy of relevant public officers, who may or may not grant access.

References: 1. Edet Ojo, executive director, Media Rights Agenda (MRA)/Freedom of Information Coalition (FOIC), Sheraton Hotel, Aug. 24, 2007; 2. Onyinye Ugonna, program officer, Zero Corruption Coalition (ZCC) seconded to the Ministry of Finance, Ministry of Finance, Abuja Office, Aug. 26, 2007

  13b: In practice, citizens can use the access to information mechanism at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: When granted, records are generally received at low costs, mostly the costs of photocopying. Many government information, such as laws, are given out for free. The public officer may want a small "tip" for this service though.

References: 1. Edet Ojo, executive director, Media Rights Agenda (MRA)/Freedom of Information Coalition (FOIC), Sheraton Hotel, Aug. 24, 2007; 2. Onyinye Ugonna, program officer, Zero Corruption Coalition (ZCC) seconded to the Ministry of Finance, Ministry of Finance, Abuja Office, Aug. 26, 2007

Peer Review Comments: This is where corruption among civil servnts is evident. Civil servants often ask for tips to sneak government documents through the system, although this is illegal.

  13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: There are really no appeal mechanisms in place.

References: 1. Edet Ojo, executive director, Media Rights Agenda (MRA)/Freedom of Information Coalition (FOIC), Sheraton Hotel, Aug. 24, 2007; 2. Onyinye Ugonna, program officer, Zero Corruption Coalition (ZCC) seconded to the Ministry of Finance, Ministry of Finance, Abuja Office, Aug. 26, 2007

  13d: In practice, citizens can resolve appeals to information requests at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: This cannot be challenged, because there is no law giving the right of information in the first instance.

References: 1. Edet Ojo, executive director, Media Rights Agenda (MRA)/Freedom of Information Coalition (FOIC), Sheraton Hotel, Aug. 24, 2007; 2. Onyinye Ugonna, program officer, Zero Corruption Coalition (ZCC) seconded to the Ministry of Finance, Ministry of Finance, Abuja Office, Aug. 26, 2007

  13e: In practice, the government gives reasons for denying an information request.
 
Score: 100  75  50  25  0  score
  Comments: This rarely happens, as public officers are compelled by the Official Secrets Act not to give out public information. Government generally gives the excuse of "national security" when refusing to give out information.

References: 1. Edet Ojo, executive director, Media Rights Agenda (MRA)/Freedom of Information Coalition (FOIC), Sheraton Hotel, Aug. 24, 2007; 2. Onyinye Ugonna, program officer, Zero Corruption Coalition (ZCC) seconded to the Ministry of Finance, Ministry of Finance, Abuja Office, Aug. 26, 2007

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