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CHAPTER ONE

INTRODUCTION

1.1 Background to the Study

The Freedom of Information law (FoI Act) is Nigeria’s major legislative response to redress the

balance of official secrecy, elitism and non-accountable government. It guarantees a “Right to

Know” or a right of access to records and information in the custody of public institutions in

Nigeria; set standards for what the government could protect from access, and fastened a system

of judicial review of denial of access to information (FoI Act No. 4, 2011).

The FoI Act was achieved at the end of nearly two decades of public advocacy and exactly one

hundred years after the Official Secrets Act (Cap 03, LFN, 2004) was first introduced into Nigeria

as a colonial Order-in-Council. The idea of a freedom of information law for Nigeria was

conceived in 1993 by three different organizations working independently of each other. The

organizations, Media Rights Agenda (MRA), Civil Liberties Organization (CLO) and the Nigeria

Union of Journalists (NUJ), subsequently agreed to work together on a campaign for the enactment

of a freedom of information Act. The objective of the campaign was to lay down, as a legal

principle, the right of access to documents and information in the custody of the government or its

officials and agencies as a necessary corollary to the guarantee of freedom of expression (FOI

Coalition, 2003).

Over the years, the agitation for the emergence of a freedom of information, has been on the front

burner of national discuss, especially among mass communication practitioners in Nigeria (Sambe,

2008). This owes largely to the fact that the expediency of having a legislation that guarantees a

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high level of freedom information cannot be ignored. It cannot be ignored apparently against the

backdrop of the attendant positive effect it could have on any society.

The need for a Nigeria Freedom of Information Act (FOIA) had been emphasized by many

jouralist and scholars. For instance, Ogbondah (2005) did note prior to its enactment that: “The

National Assembly should enact or guarantee the press and members of the public the right of

access to government-held information including computerized records.” Also, at 5th Wole

Soyinka Centre Media Lecture held in 2013 threw up significant issues on Nigerian FOIA that

impunity has continued despites elaborate media reports on corrupt persons and practices

(http://www.chidoonumah.com). Professor Biodun Jeyifo of Harvard’s African American Studies

Department, in his lead paper gave a treatise of Nigeria’s disturbing status under the theme “the

FOIA and the dictatorship of corruption and mediocrity”. The outcome was that there is need to

increase the awareness on the FOIA to Nigerian citizens and propagate its usefulness as a tool to

tackle the now endemic issue of corruption, mediocrity and impunity in the country

(http://www.chidoonumah.com).

Similarly, Abia (2012) at some point, wrote thus about the FOIA Bill when passed into law as an

Act of Parliament, it will make public record and information in the custody of any government-

Federal, State or Local available to every person in Nigeria. Accordingly, the right of access of

official information, which the Bill grants will be legally enforceable; with the Freedom of

Information Act, it will be possible to find out from Governors, Council Chairmen, Ministers, the

President or other public officers, details of any transaction conducted in those offices. The law, it

is believed, will also give protection to public officers who discover the perpetration of a fraudulent

act and reveal is thereby discouraging corruption among public office holders.

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More so, Ogbondah (2003) stated that a democracy works best when the people have all the

information that the security of the nation permits. Before now, the challenges posed by

information law that inundate the Nigerian constitution, have made the process of data sourcing,

gathering and dissemination, seemingly impossible for journalists (Daruwala and Nayak (2007).

The realization of this objective is contingent on the freedom of information law to function

without any hindrance.

Journalists also set agenda, organizes public debates and discussions, and interprets issues to put

them in proper perspectives to make meaningful to audience. Through these roles, lecturers

educate, inform, socialize and also confer status, values and significance to issues, thereby serving

as the mouth-piece and defender of the voiceless in the institution (Sambe, 2008). This role of

gathering and disseminating has not been an easy one largely due to limited freedom occasioned

largely by government firm grip and control of the institutions. journalists have had no access to

vital information let alone the public regarding the Act. In struggling to get detailed, factual and

balanced ideas, journalists have had to continue to nose around for information, exposing

themselves to high levels of risk that got them victimized and sometime get killed in the process

(Ezeah, 2004).

Unfortunately, the journalists and the media being the watch-dog of the leaders and both cannot

successfully carryout this sacrosanct function, without the ample freedom to seek, gather, analyze

and disseminate information (Soeze, 2005). Taking a cue from the functional aspect of the freedom

of Information Act, Yalaju (2006) averred that the right of access to information is aimed at

strengthening the media by securing and protecting freedom of expression and the press

particularly.

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It is against the above grounds that the FOI Act seeks to make information more available to

journalists in the same way it would be available to every other person who might request any

information (Edetaen, 2012). It is also expected that with the law in effect, the people would have

access to more accurate information, which would enhance the participation of public in decision

making. There is no gain saying the fact that the Nigeria Freedom of Information Act was proposed

in the context of international affirmation of the rights of citizens to access information held by

public bodies as fundamental human right. It is therefore instructive to note that the FOI Act is one

of the criteria for gauging a truly democratic state. It goes without saying that democracy is at its

best, when the people have all the information that the constitution of the nation permits.

Conversely, the stiff resistance by most world leaders towards having the FOI law enshrined in

their nation’s law books has continued to ignite concerns. Little wonder, Amadi (2003) argued

that: “The issue of the enactment of an emphatic Freedom of Information law is still a pawn in the

political chessboard of politicians. The reason for sitting on such legislation may not be farfetched

from the fact that such venal politicians know that the enactment of such powerful pro-media, pro-

people legislation will constitute an effective check on their venality.”

The delay in the passage of Nigerians Freedom of Information Act over a decade after its first

proposal in 1999 might not be unconnected to this apprehension amongst Nigeria politicians.

Furthermore, if the media must discharge their duties in the spirit of fairness, accuracy, balance

and objectivity, then there should not be an alternative to getting information from the primary

sources (government and their agencies), the absence of this is likely to lure the journalists into

“speculative information” or worse still rely upon secondary sources, which may be misleading

and biased on the decoder which are basically the public (Ifeoma and Gregory, 2014). It is therefore

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against these backdrops that this research seeks to evaluate the FOI law and how well it rubs off

on journalists in Nigeria.

1.2 Statement of the Problem

In the process of passing this Act into law, different persons and institutions have different

perception about the existence of the law enacted. The controversy lies here: in Abia (2012) noted

that government is afraid of criticism, hence the restriction on public freedom and Information Act

Law. This reduces the awareness of public on the detailed understanding of the contents of the FOI

Act.

Another issue identified by Eunice and Charles (2014) is that why the law that gives no restriction

to publicly held information but public are still hindered from gaining access to vital information

which would aids development and transparency or to tackle the endemic issue of corruption,

mediocrity and impunity in the country.

Another problem faced by Nigeria journalists regarding the Act is the implementation of the FOI

Act as it was noted by Omotayo (2015) that since its implementation, journalists still have negative

perception of the FOI Act because they don’t see the Act as a catalyst to effective journalist

practice in accessing information.

Moreso, majority of the public are unaware of the provisions of the law or have not utilized or

tested the specific provision of the law in their information sourcing. This is worrisome as lack of

firsthand knowledge of the provisions of the law makes the Act useless to the vital sector of the

populace.

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1.3 Objectives of the Study

The main objective of this research is to examine the perception of journalists on the Freedom of

Information Law using Journalists in Abeokuta Chapter as the case study. The specific objectives

include to;

i. determine the extent of awareness of journalists about the contents of the FOI Act.

ii. ascertain the journalists’ perception of the strengths and weaknesses of Freedom of

Information Act.

iii. examine the perception of the journalists on the implementation of FOIA

1.4 Research Questions

i. Do Nigerian journalists have an understanding of the contents of the FOI Act?

ii. What are the journalists’ perception about the strengths and weaknesses of Freedom of

Information Act?

iii. What are the journalists’ perceptions about the implementation of FOIA?

1.5 Significance of the Study

There is little awareness of the provisions of the FoI Act and how the Act is supposed to be

effectively utilized. This is the case even among professional journalists, legal practitioners,

academics and even the judiciary as shown in the case of Paradigm Initiative Nigeria v. Dr. Reuben

Abati. The FoI Act needs to be understood because it is one legislative action that gives citizens

the opportunity to participate in governance, hold government accountable and enable them obtain

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such information that would in turn actuate the exercise of other rights like the right to healthcare,

safe environment and basic education among others.

Ultimately this research will benefit the journalists for the purpose of gathering information and

general public since the right to access information is conferred on every person. Of essence, the

following shall benefit directly from the research, namely: public institutions; the media; human

rights activists; research students and institutions; legal practitioners; academics; legislators;

judges, especially high court judges who are vested with the power of judicial review under the

FoI Act.

1.6 Scope of the Study

This research focuses on the perception of journalists of the freedom of information law in the

department of mass communication. Although the awareness and utilization of FoI Act among

journalists is an issue that cut across journalism in Nigeria. The study is limited to assessing their

awareness and knowledge as regards to FoI Act.

1.7 Definition of Terms

Act: in this study, act means a law made by the National Assembly and has been given presidential

assent.

Constitution: Base on the study. Constitution implies a body of laws and principles by which a

nation (like Nigeria) or other organization is governed.

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Freedom: in this context, implies the right for students to access information sources and to be at

liberty to utilize information without restriction by governmental bodies.

Freedom of Information Act: The Act makes provision for public records and information to be

more freely available, provide for access to public records and information to the extent consistent

with the public interest and the protection of personal privacy. The Act also protects public officers

from adverse consequences for disclosing certain kinds of official information and establishes

procedures for the achievement of those purposes, among others.

Journalism: this study sees journalism as the work of collecting and writing news stories for

newspapers, magazine, radio, television and the internet.

Mass Communication Practitioners: for the purpose of this study, they are individuals whose

professionalism forms part of the branches of mass communication. This includes journalism,

public relations and advertising. The three branches are closely related so that professionals in

each field often interact with each other in their work.

Right of Access: This involves the right to collect information from various sources without

restriction.

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CHAPTER TWO

LITERATURE REVIEW

2.0 Introduction

This chapter focuses on review of related literature. Review of related literature is the process of

exploring the existing literature to ascertain what has been written or otherwise published on

chosen research topic, the previous research conducted and their impact on the present topic

chosen. Thus, in order to have a broad knowledge and understanding on the perception of freedom

of information Act, this chapter is compartmentalized into four sections. Section one entails the

conceptual review which draws inferences from materials relating to: right to access to government

information, perception of the freedom of information act: criticisms and defense, perceived

importance of freedom of information law among others. Section two focuses on empirical review

of some previous research relating to FOI Act. Section three evaluates some theories as they are

related to the research work and lastly is the summary of the conclusion in the literature review

which is discussed in section four.

2.1 Conceptual Review

This can be discussed as follow

2.1.1 Meaning of Freedom of Information Act (FoIA)

According to Apuke (2016) the FoIA implies a change in the principle of the provision of

government information from a ‘need to know’ basis to a ‘right to know’ basis. It implies a change

from passive citizenship to active citizenship in government.

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The fundamental principles and contents of the Act include the need for maximum disclosure of

information, the obligation to publish information, promotion of open governance, limited scope

of expectations, the process to facilitate access to information, open meetings, supremacy of the

FoIA over other Laws that limit access to information, protection of whistle blowers and the bodies

responsible for enforcing the Act (Inokoba 2014, Mmadu 2011, Akor and Oko 2015, FoIA 2011)

According to the Media Rights Agenda (2010) this Act “makes public records and information

more freely available, provides for public access to public records and information, protects public

records and information to the extent consistent with the public interest and the protection of

personal privacy, protect serving public officers from adverse consequences for disclosing certain

kinds of official information without authorization and establish procedures for the achievement

of those purposes and; for related matters”.

In a democratic world, the public is expected to have access to information (particularly through

the media) not only on how they are governed but also on anything that is of interest to the

individual or group. This is what the Act is all about. Until recently, the right to freedom of

information in Nigeria has been overlooked. While many established democracies across the world

have enacted freedom of information regime, Nigeria had regarded freedom of information as a

luxury only practicable in the Western World and other established democracies (Ekunno 2001).

Ekunno further asserts in Apuke (2016) that “a culture of secrecy had become entrenched in

Nigerian government and members of the public including the media are always denied access to

official information, which in a democracy, they should be entitled to”.

Therefore, it could be inferred that this breakdown in the flow of information affect the democratic

success and slows economic and social development as citizens are unable to participate

effectively in the process of government, make informed choices about who should govern them

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and to properly scrutinize officials to ensure corruption is avoided. Government officials

themselves also fail to benefit from public input and ideas which could ease their decision making

or improve their decision. Also, without accurate information on matters of public interest, citizens

rely on rumors and unconfirmed reports which damage the trust of people in mass communication

practitioners as the provider of information to the public.

2.1.2 Right of Access to Government Information

According to Abia (2012) the need for the law arises because the 1999 Constitution of Nigeria

does not guarantee the press and members of the public the right to access to government-held

information. As a result of the absence of this type of law, a handsome volume of public affairs

conducted in secrecy. Government records and documents belong to the people, should members

of the public not be entitled to have access to their property?” Also quoting President Lyndon of

the United State of America on July 4, 1996 when he signed the Freedom of Information Act,

Amadi (2004) did note that this legislation springs from one of our most essential principle. A

democracy works best when the people have all the information that the security of the nation

permits. No one should be able to pull curtains of secrecy around decisions, which can be revealed

without injury to the public interest. Apuke (2016) noted that a popular government without

popular information or means of acquiring it is but a prologue to a farce or tragedy or perhaps

both. Yalaju (2006) also averred that: In the draft it is safe to hypothesize that the drafters intended

partly to provide the citizenry access to information. This is to be expected for if we are to shape

enlightened society about how we are to be governed. The citizenry is therefore expected to have

access to information that would enable them evaluate the performance of the government.

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The beaming gap in our constitution is the absence of a specific provision for a free press. The

decision-making Federal Administrative Agencies to the public, the Nigeria FOIA is intended to

achieve the same purpose.

Dominick (2002) stated that, “reporting the doings of the government can be a frustrating task if

the government insists that information about its activities be kept secret.” Abia (2012) noted that

Justice P. B. Sawant in his presentation titled: Media and Democracy: A Global View, noted that,

“It appears that out of 117 democratic countries, only 12 countries have a legislation ensuring

access to government-held information”. He further stated that if the media is to discharge its

functions in democracy properly, it must have access to all authentic information from the primary

sources, except the people themselves do not find interest in it.

From the above stated, one can say it is imperative to note that the right of access to government

information is very important as the constitution itself for the enlightenment of the general public

especially the media. It is also to know that our government records and documents belong to us

and we should not be restricted from knowing how things are being done, if there must be

transparent governance we must be allowed access to the occurrence in the government. This is a

typical example of what the mass communication people have been fighting for particularly the

media. There is no how the citizen will be held to ransom, by the secrecy of the government and

yet be expected lie low.

2.1.3 Perceived Importance of Freedom of Information Law

The Act is not meant to witch-hunt government and public officials, but to provide the foundation

for an openness of governance and consequently an open society, which will be for the benefit of

all sectors of the society, including the government. Devasher (2006) explains that “a Freedom of

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Information Law can boost the effectiveness of development and poverty alleviation strategies”.

Devasher attributed some failure in development strategies to “non consideration of citizens input

to whom such policies are targeted.”

Access to information makes government more sensitive and responsive to the needs and demands

of the ordinary people. A Freedom of Information Law increases public participation because the

public can regularly engage with government officials and parliamentary representatives which

can be crucial to national stability.

Information sharing and openness help bolster public trust in the political system, by establishing

a two-way information flow between citizens and the State. Devasher (2006) advocates that such

dialogue can combat feelings of exclusion, fear and victimization and can reduce the risk of

agitation of marginalization. According to Devasher (2006), the Act would among other things:

i. Promote the oversight role of the National Assembly, by facilitating access to public

documents and information necessary for the work of the National Assembly and its

committees.

ii. Improve the record-keeping practice of public institutions. It will ensure that government

records and documents are properly kept and reasonably guarantee the integrity of such

records and documents.

iii. Enhance the realization of the economic reform agenda of the Federal Government as

provided for in the National Economic Empowerment and Development Strategy

(NEEDS) document, which provides for the adoption of an access to information law as

flagship legislation required for its successful implementation.

iv. Promote transparency and accountability in governance as government policies and

activities will become more open and available to the public.

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v. Ensure that government institutions work better and more efficiently as public institutions

become aware that their decisions will be made public and have to be based on objective

and justifiable reasons.

vi. Enhance participatory democracy in Nigeria, enabling citizens to make informed decisions,

promote compliance, monitor distortions in policy implementation, and where necessary,

improve the quality of governmental decisions and policies. This possibility in itself will

give citizens a greater sense of belonging and ownership and ensure public confidence in

the government and

vii. Complement and enhance the anti-corruption legislations of the Federal Government

(including the prohibition and punishment of Bribery Act; the Code of Conduct Bureau

Act; the Independent Corrupt Practice and Other Related Offence Act, 2000; the Economic

and Financial Crimes Commission Act, etc.) as accountability and transparency in

government cannot be possible if citizens have no right of access to information held by

State or its agencies and do not consider themselves as stakeholders in the fight against

corruption.

In a nutshell, Freedom of Information Law would make government more accountable, increase

public participation, promote the involvement of all in public life, make private companies more

accountable, monitor and expose corruption, lead to better decision-making, protect privacy,

expose human rights violations, and promote worker’s rights as well as make the country more

secured (Apuke, 2016).

Good governance as an essential component of any thriving democratic state is premised on a

system of openness, trust and government accountability. This can only be achieved if the public

is involved in the process of governance. If the general public knows the functions, policies and

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decision made, they can question the government on the basis of the information obtained, and

most importantly, the reasons for the government’s actions. Government needs to demonstrate its

commitment to a people-oriented democratic programmes and legislations by adopting a Freedom

of Information Law that is strong and effective (Apuke, 2016).

2.1.4 Perception of the Freedom of Information Act: Criticisms and Defense

The Act which seeks to make public records and information more available and there is an

appropriate need for the management of some vital State information. In the process of passing

this Act into law, different persons and institutions have different perception about the existence

of the law enacted. The controversy lies in Abia (2012) stated, “it would seem that government

is afraid of criticism, hence the restriction on Press Freedom and Information Act Law”. He further

observed that: “Freedom of criticism is what government fears”. Also quoting Lenon‟s

explanation, “Freedom of criticism is undoubtedly the most fashionable slogan at the present time,

and the one most frequently employed in the controversies between socialists and democrats in all

countries.” Collins (2003) noted that: “A right of access of officially held information would

inevitably enhance good governance transparency, accountability and people’s participation in

government, but the great fear of the government lies in the criticism of their secret fraud when

revealing the criticism of their dark deeds.” This has been a hindrance to the passage of the Act

into law. Another criticism or hindrance to the effective use of the law is the fact that some parts

of the constitution have to be expunged or repealed upon the passage of the Access to Information

Act. This Act as in other jurisdictions like USA was originally championed by the media to allow

them to expose the shortcomings of the government that would be hidden.

On photocopy fee, Ogbondah (2003) emphasized “information requesters should not pay more

than the current photocopying rate at business centers.” These are the challenges the Law is facing

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today, because our government officials would always use that to stop most journalists or public

from getting the said information as they would not want to abide to the stipulated law, or as

suggested by Ogbondah and thereby creating a lacuna for the access to the information, meaning

the law may not be effectively practiced as that of the American first amendment and the Freedom

of Information Act of Section 39.3(a) and (b) of the American Constitution.

2.1.5 Freedom of Information Act and Mass Communication Practitioners

According to Abia (2012) access to information from government parastatals is essential to the

mass communication practitioners especially the media. Apuke (2016) admits it when he says that

“without an ability to seek and gather information from government, the media is hampered in its

ability to gather reliable information. In consequence, society is harmed since important actions of

government are not available to public scrutiny” (http://www.osce.org/form).

In democratic society, the mass media ensures that the government is accountable to the people by

providing information of essence and relevance. Sambe, (2008) advocates that information based

on foreign policy issues, the economy, education, and civic rights need be made available to the

people so as to avail them the opportunity to better understanding government, its direction, role

and impact on their daily lives. This commitment is based on “ethics and morals, upon which the

media is oblige to be honest, sincere, critical and give laurels where and when expedient” (Sambe,

2008).

Most countries keep track neither of actual numbers of requests nor of the users of FOI laws.

Banisar (2007) asserts that “in those that do, journalists are not the largest users of the Freedom of

Information laws; in general, they make up only 10% to 20% of those making the request. Most

requests are from individuals who are seeking information relevant to their daily lives, such as

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schools or development.” This however, contradicts the insinuations from our parliamentarians

that the FOI Act is a media Act purported to empower the press so as to increase their terrorisms.

From the above, one can say that the establishment of Act will enable mass communication

practitioners to perform their role of reporting effectively particular the media.

2.2 Empirical Review

Eunice and Charles (2014) investigated the experience of practicing journalists in Akwa Ibom

State since the FOI came into force as well as the perception of journalists in Akwa Ibom State

with regards to the enforcement/compliance with the provisions of the FOI. The anchoring this

study on the Libertarian or free press and the social responsibility theories, the survey method was

adopted to investigate the reaction of Akwa Ibom State Journalists as regards the Freedom of

Information Act. A total of 166 copies of the questionnaire were distributed in Nine Chapels of

the Nigerian Union of Journalists (NUJ) in the state. Data collected showed that many journalists

have not read the FOI Act, but are aware of its enactment. Among those who have read the Act,

inaccessibility to information still prevails as journalists are still faced with the challenge of

accessing information both in private and government institutions.

Similarly, Cephas (2014) provides an in-depth analysis of the right of access enshrined in the FOI

Act in order to create the awareness needed to promote effective implementation of the Act and

assist Nigerians to know how to utilize the provisions of the Act. There is the problem of a veil of

secrecy pervading public institutions in Nigeria. The result shows that journalists and the populace

are denied access to information that is critical for accurate reporting and unraveling the web of

corruption in Nigeria.

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Also in the work of Ezinwa, Ngwu and Onah (2014) which adopted survey research method to

examine Nigerian journalists’ perception of the implementation of 2011 Freedom of Information

Act in the South East Nigeria. A sample size of 237 was drawn from a total population of 580

using Taro Yamane formula. The study revealed that Nigerian journalists do not have a detailed

understanding of the content of the F0I Act. It also revealed that the Nigerian journalists do not

see FOI Act as an important legal document that has the capacity to strengthen investigative

journalism in Nigeria. This study also revealed that the Nigerian journalists do not see the Act as

capable of granting them protection in their day to day activities. He also noted that access to

information in Nigeria has not increased as a result of the FOI Act.

International organizations have encouraged countries to adopt Freedom of Information (FOI) laws

as a means to increase transparency and thus combat corruption. Samia (2009) uses the

introduction of FOI laws in several countries as a natural experiment to determine their effect on

corruption perceptions and the quality of governance. Using different corruption perception

indices both at the macro level and micro level. He finds that countries that adopted FOI laws saw

an increase in perceived corruption and a decrease in governance, rather than the expected

improvement. This increase in corruption perception seems to take place in the initial years, but

there is no decrease in corruption perceptions in subsequent years. Countries with a free press seem

to be the ones experiencing the increase.

Abia (2012) carried out research, an evaluative study of the Freedom of Information Act and media

practice in Nigeria. The survey research method was adopted and issued 285 copies of

questionnaire to randomly selected journalists in Port Harcourt metropolis. Interviews were also

conducted to guide the study development. The findings were that the FOIA has the potency to

engender effective media practice as it can only function effectively when some anti-press laws

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are either expunged or amended. The study concluded that FOIA is a catalyst for freedom with

responsibility and good governance, fairness, accuracy, balance and objectivity.

Apuke (2016) carried out a research which evaluates the Freedom of Information Act on

Journalism practice in Nigeria with reference to Journalists in Jalingo metropolis. The study

employed the quantitative survey design. The population was made up of Journalists in Jalingo

Metropolis which are about 293 and employed Taro Yame’s formula to sample out 75 Journalists

which formed the sample frame. Findings revealed that Journalists in Jalingo metropolis are fully

aware of the Freedom of Information Act. The study also revealed that although FOIA can aid

journalism practices towards fair, balance, accurate and objective reporting, it has not created

access to government-held information for journalists in Taraba State.

2.3 Theoretical framework

Theoretical studies are principles on which the subject of the study is based. These theories

determine their objective parameters. This theory establish a vantage point, a perspective, a set of

issues for which the study seeks for answers to the study questions. This study is anchored on the

libertarian theory and the social responsibility theory.

2.3.1 Libertarian Theory

According to its proponents, (John Milton, John Locke, John Stuart Mill, and Thomas Jefferson),

libertarianism hinges on the ‘self-righting’ principle. It advocates for a ‘free market place of ideas’

with the hope that good ideas will naturally ‘sell’ at the expense of the bad ones (Bitner 1989,

Sambe 2008, Nwabueze 2014 and Apuke 2016). To this end, all forms of restrictions or limitations

to freedom of expression are criticized.

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The theory which emerged in Europe in the 17th Century opposes the authoritarian theory which

subjected the media to strict government regulations and restrictions. During the authoritarian era,

the press was viewed as an agency of the state which was expected to protect its interest, hence

the need to act in accordance with the dictates of the state. However, with the libertarian press

theory, the press operates with unlimited freedom, devoid of all forms of censorships (Nwabueze,

2014).

Although the Nigerian constitution addresses the issue of freedom of expression in section 39, the

FOIA expands the scope of individual freedom in the country, as it provides for freedom of access

to information of whatever kind. The implication here is that, though freedom of expression has

been guaranteed by the 1999 constitution as amended, official records and information that are

vital in the fight against corruption were shielded in bureaucratic secrecy and tagged ‘classified

information’; hence the advent of the FOIA provides a new dimension to the concept of media

freedom in the country.

This Libertarian theory is relevant to discussions in this study as it explains how the press operates

with unlimited freedom, devoid of all forms of censorships which is one of the objectives of this

study.

2.3.2 Social Responsibility Theory

The Social Responsibility theory takes the stance that the social roles of the press – of enlightening

the people, promoting the democratic process, safeguarding the liberties of the individual, etc.

should take precedence over its role of servicing the economic system (Oloyede, 2005) in Ifeoma

and Gregory (2014).

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Although this theory falls short in the areas of expressing over confidence on the media and media

operators in meeting their responsibilities using the ‘self-righting’ process and overly

underestimated the power of profit-orientation and competition in driving the media to selfish

ends; the theory is adjudged most suitable for this study given the intents of this study. One of

which is ascertaining how the legislations on freedom to access information have perceptibly

enhanced mass communication practitioners in Nigeria, in satisfying the public’s information

needs. The social responsibility theory recognizes the media’s right to scrutinize and criticize the

government and other institutions but not without responsibility to preserve democracy by properly

informing the public. The media and media operators are not free to do as they will; they are

obligated to respond to society’s needs.

The theory, therefore, challenges the mass communication practitioners particularly the journalists

and the media to strive at all times to keep the public informed (among other duties) within the

ambits of their code of ethics and legislations.

2.4 Summary of Literature Review

From the conceptual framework, it could be inferred that this breakdown in the flow of information

affect the democratic success and slows economic and social development as citizens are unable

to participate effectively in the process of government, make informed choices about who should

govern them and to properly scrutinize officials to ensure corruption is avoided. Government

officials themselves also fail to benefit from public input and ideas which could ease their decision

making or improve their decision. Also, without accurate information on matters of public interest,

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citizens rely on rumors and unconfirmed reports which damage the trust of people in mass

communication practitioners as the provider of information to the public.

In the light of empirical review, the history of Freedom of Information Acts (FOIAs) in Australia,

United Kingdom and United States of America shows that while citizens, groups, lobbyists, civil

servants, academic and others campaigned for Freedom of Information, the mass media in the three

countries generally proved reluctant to push for reform. From the perspective of the leaders and

parliamentarians, mass media would appear to gain the most from Freedom of Information Act;

but from the perspective of the media in those countries, making government more accessible to

the public threatened their professional status and their exclusive relationships with politicians.

However, the study did note that the case was less in America because the American Association

of Newspaper Editor did advocate FOIA (Piotrowske/Sykes, 2004). Dabiri, Erewa – a member of

the House of Representative and one of the co-sponsors of the FOI Act in Nigeria explains, in an

interview with Daily Independence (2006), that the media is just one aspect of the society that

would benefit; adding that, in American government which we often make comparisons, students,

researchers and private organizations use it more than the media.

From theoretical framework it could be inferred that mass communication practitioners have

obligation of providing ‘full access to the day’s intelligence’. Consequently, the choice of these

theories are informed by the fact that the FOI law is not an exclusive reserve of the Journalists

rather it extends to the rights of the general public to access any information that is of interest to

them, principally through the media. The media, therefore, owes a duty to the public - to sensitive

and galvanize them to fully utilize the principles of the FOI law. It is in line with this that Robert

Hazell clearly points out that ‘the media is the conduit through which most of the public learn

22
about FOI’, this by implication suggests that the public have the right to or are expected to have

access to information, particularly through the media in democratic governments.

23
CHAPTER THREEE

RESEARCH METHODOLOGY

3.0 Introduction

The study examines journalists’ perception on the Freedom of Information Act in Nigeria using

journalists in Abeokuta as the case study. This chapter presents the method used in carrying out

this study. The chapter deals with the research design, population of the study, sample size,

sampling technique, validity and reliability of the study, method of data collection, method of data

presentation and analysis.

3.1 Research Design

Survey method is the research design adopted for this study. Survey, according to Apuke (2016)

is a research method, which focuses on a representative sample derived from the entire population

of study. A researcher who employs this method therefore, goes into the field and selects samples

out of the entire population. It has to do with administering questionnaires personally to gather

data, and collecting them back from the various respondents in other to analyze the data for a better

result.

3.2 Population of Study

Population of the study according to Abia (2012) involves a group of persons or aggregate items,

things the researcher is interested in getting information from for the study. Therefore, the

population of this study are journalists registered with NUJ in Abeokuta chapter which are 153 in

total (source: Nigerian Union of Journalists, Abeokuta Chapter).

24
3.3 Sample Size

Jen (2002) holds that a sample is a sub-set of the target population being studied. This sample is

necessary owing to the large size of geographical location, and economic implication. However,

the sample must be a true representative of the population hence the researcher must consider their

similar characteristic and experience (Jen, 2004).

N= N
1+ N (e)2

Where: N = sample size sought

e = Margin (0.10) 2

N = Population size 153

N= 153
1 + 153(0.10)2

N= 153
1 + 153 (0.01)

N= 153
2.53
N= 60.4 approximately 60

Therefore, in order to make general conclusion based on the total population, 60 journalists

constitute the sample size for this study.

3.4 Sampling Procedures

Sampling technique refers to the procedures for drawing representative samples from populations.

Therefore, the researcher will used purposive sampling technique in selecting 60 respondents

(Journalists). The respondents will be purposively selected from the different correspondent’s

chapel and Newspaper bureau that are covering Abeokuta Metropolis. The essence of using

25
purposive sampling is because the researcher has certain characteristics in mind and such

characteristics have to do with on-the-job experience

3.5 Research Instrument

The major instrument that will be used in collecting data is questionnaire. The instrument will

contain both structured and unstructured questions. The structured questions are the multiple-

choice types that offer the respondents a range of optional answers. The unstructured questions are

the open-ended types that allow the respondents to supply the answer required.

3.6 Validity and Reliability of Study

The instrument is questionnaire. It is valid because it is ideal for measuring what it is designed for,

which is examining the journalist’ perception of freedom Information Act. Validity is the

appropriateness of an instrument in measuring what is intended to measure.

Reliability will be addressed by making sure that research and investigative questions are

consistent in measuring across all members of the targeted group, delivered objectively and pre-

tested as such. The principle is that the methodology used in arriving at the result can be reproduced

exactly. That is, if the attitude of the targeted group did not change, the results should be

substantively similar.

3.7 Method of Data Collection

The questionnaire instrument will be used for data collection. The researcher will administer the

questionnaire to the respondents face-to-face. The researcher will give respondents some hours to

respond to the questionnaire after which he collected them. This is because it would not be easy

26
for him to repeat calls to retrieve them in view of logistic constraints and the fact that the

questionnaire copies might get missing due to tight schedules of respondents.

3.8 Method of Data Analysis

Data will be presented in tables and analyzed using descriptive statistics, employing frequency

counts and simple percentages after being coded into Statistical Package for Social Sciences

(SPSS).

27
CHAPTER FOUR

DATA ANALYSIS AND DISCUSSION OF FINDINGS

4.0 Introduction

To evaluate journalists’ perception of the freedom of information Act in Nigeria, this chapter

presents the analysis and interpretation of questionnaire distributed to journalists in Abeokuta

Metropolis in the following sections. Section one entails demographics of respondents, section two

presents answer to the research questions stated in chapter one. Section three summarizes the major

findings and last section discusses the general findings. Also, out of the 60 questionnaires

distributed 50 were duly returned and analyzed, representing 83.3% of the sampled population.

4.1 Demographics of Respondents

Table 4.1: Distribution of Respondents by Educational Qualification

Frequency Percent Valid Percent Cumulative Percent

SSCE 0.00 0.00 0.00 0.00

Valid Bsc 35 70.0 70.0 70.0

Msc 15 30.0 30.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

Table 4.1 shows the respondents educational qualification. 0.00% of respondents have SSCE,

while 35 representing 70% have B.Sc. however, 15(30%) respondents have Master degrees. By

this, the highest percentage of respondents of practicing journalists surveyed are B.Sc holders. This

gives authority to the quality of responses on the subject matter.

28
Table 4.2: Distribution of Respondents by Employer

Cumulative
Frequency Percent Valid Percent Percent

Valid government 35 70.0 70.0 70.0

private 5 10.0 10.0 80.0

Others 10 20.0 20.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

Table 4.2 reveals the distribution of respondents on the basis of employer. By this, 70%

representing 35 respondents were government employees, while 5 journalists, representing 10%

were private media employees. 10(20%) respondents were either freelancers or independent

journalists (i.e. bloggers). This distribution is informed by the need to collate perceptions of

journalists in private media organization who overtime, have been the more victims of press

brutalization and intimidation in Nigeria.

Table 4.3: Distribution of Respondents by Age

Cumulative
Frequency Percent Valid Percent Percent

Valid 18-35 27 54.0 54.0 54.0

36-55 15 30.0 30.0 84.0

56-60 8 16.0 16.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

29
Table 4.3 shows the respondents age, 27 (54%) of respondents fall between the age range of 18

and 35, while 15 (30%) are between 36 and 55. However, 56 – 50 years formed 16% representing

8 of the respondents. It affirms the fact that many youngsters are now in the journalism profession.

So that the FOIA tends to guarantee them a better opportunity to practice professionally.

Table 4.4: Distribution of Respondents by Sex


Frequency Percent Valid Percent Cumulative Percent

Valid male 30 60.0 60.0 60.0

female 20 40.0 40.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

Sex distribution of the respondents are presented in table 4.4. Out of 50 valid and reliable

respondents 30 respondents, representing 60% were male, while 20 representing 40% were

female. FOIA seeks to advance journalism practice.

4.2 Answer to Research Questions

Research Question 1: Do Nigerian journalists have an understanding of the contents of the FOI

Act?

Table 4.5 to 4.8 seeks to evaluate journalists’ awareness of the provisions of the FOIA.

30
Table 4.5: Awareness of Respondents on the FOIA

Frequency Percent Valid Percent Cumulative Percent

Valid Yes 50 100.0 100.0 100.0

No 0 0.0 0.0 100.0

Total 50 100.0 100.0 100.0

Source: author’s computation from SPSS 22.0

Interpretation

Table 4.5 shows the opinion of respondent of the awareness of FOI Act. The table reveals that

all the respondents averred to being aware of the respondents. This result, there confirms this

question and as such point to level of awareness on the part of respondents on the subject matter.

Table 4.6: level of awareness on the provision of the FOI Act

Frequency Percent Valid Percent Cumulative Percent

Valid High 32 64.0 64.0 64.0

Moderate 11 22.0 22.0 86.0

Low 7 14.0 14.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

Data in Table 4.6 indicate that of the 50 respondents who (in Table 1) said they were aware of

the provisions of the Freedom of Information Act, 32 (64%) said their awareness of the Act was

high, 22% said their awareness of the Act was moderate, and 14% said they had a low awareness

of the Act. Data in Tables 1 and 2 therefore suggest that a significant number of the respondents

had high level awareness of the Freedom of Information Act, as such their views in the

31
proceeding findings should be considered candid and informed.

Table 4.7: The FOIA will indeed create access to government-held information for journalists in Ogun State

Frequency Percent Valid Percent Cumulative Percent

Valid Strongly Agree 19 38.0 38.0 38.0

Agree 14 28.0 28.0 66.0

Undecided 5 10.0 10.0 76.0

Disagree 6 12.0 12.0 88.0

Strongly Disagree 6 12.0 12.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

Table 4.7 shows the respondents opinion base on their level of awareness majority of the

respondent (66%) agree that FOI Act create access to government held information, 24% of the

reliable respondents disagreed while 10% of them were not sure whether the Act gives access

to government held information. Base on the majority the researcher concludes the FOI Act will

create access to government held information.

Table 4.8: FOIA will aid media practice towards fair, balanced accurate and objective

reporting

Frequency Percent Valid Percent Cumulative Percent

Valid Strongly Agree 12 24.0 24.0 24.0

Agree 12 24.0 24.0 48.0

Undecided 6 12.0 12.0 60.0

Disagree 7 14.0 14.0 74.0

Strongly Disagree 13 26.0 26.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

The opinion of the valid and reliable respondents based on whether the FOI Act aids media

32
practice towards fair, balanced accurate and objective reporting. 48% out of 100% reliable

respondents agree to the degree of the subject matter, 20(40%) disagree while only few

respondents (12%) were not sure whether or not FOI Act aids media practice towards fair,

balance, accurate and objective.

Research Question 2: What are the journalists’ perception about the strengths and weaknesses of

Freedom of Information Act?

Table 4.9 to 4.12 seeks to evaluate journalists’ awareness of the provisions of the FOIA.

Table 4.9: Respondents’ views on whether the Act enhances journalism practice

Frequency Percent Valid Percent Cumulative Percent

Valid Strongly Agree 10 20.0 20.0 20.0

Agree 14 28.0 28.0 48.0

Undecided 6 12.0 12.0 60.0

Disagree 3 6.0 6.0 66.0

Strongly Disagree 17 34.0 34.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

Data in Table 4.9 show that as many as 24 or 48% respondents said the Freedom of Information

Act will enhance the practice of journalism in Nigeria. Only 20 or 40% respondents felt otherwise,

and nine or 12% were not sure on the issue.

33
Table 4.10: The Freedom of Information law will strengthen democracy

Frequency Percent Valid Percent Cumulative Percent

Valid Strongly Agree 18 36.0 36.0 36.0

Agree 11 22.0 22.0 58.0

Undecided 8 16.0 16.0 74.0

Disagree 4 8.0 8.0 82.0

Strongly Disagree 9 18.0 18.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

Table 4.10 shows respondents opinion based on FOI Act will strengthen democracy. 29(58%) of

the respondents support the degree of the observation, 13 or 26% were not satisfy while 8(16%)

respondents are not sure whether FOI Act will strength democracy in Nigeria. this implication of

the various opinions is that, there are still some relevant information that are not freely available

to journalists.

Table 4.11: Respondents’ views on whether the Act discourages journalism practice

Frequency Percent Valid Percent Cumulative Percent

Valid Strongly Agree 17 34.0 34.0 34.0

Agree 12 24.0 24.0 58.0

Undecided 6 12.0 12.0 70.0

Disagree 9 18.0 18.0 88.0

Strongly Disagree 6 12.0 12.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

34
In Table 4.11, the data is clear that the Act under study could discourage journalism practice. This

is the case with 29 or 58% respondents who said that the Act could be a challenge to journalism

practice. 15 or 30% respondents held a contrary view, and 6 or 12% respondents were undecided

on the matter.

Table 4.12: Respondents’ views on whether the strengths of the Act outweigh the

weaknesses in enhancing journalism practice

Cumulative
Frequency Percent Valid Percent Percent

Valid Strongly Agree 25 50.0 50.0 50.0

Agree 2 4.0 4.0 54.0

Undecided 4 8.0 8.0 62.0

Disagree 11 22.0 22.0 84.0

Strongly Disagree 8 16.0 16.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

Data in Table 4.12 suggest that the areas of strengths outweigh the areas of weaknesses of the Act

in facilitating journalism practice. This is the case as 27 or 54% of the respondents said so and

only 19 or 38% said no that areas of weaknesses outweigh the strengths. 4(8%) respondents were

indifferent on this count.

Research Question 3: What are the journalists’ perceptions about the implementation of FOIA?

This research question sought to determine the journalists’ perception of the FOIA in creating

access to government-held information in Nigeria. The result is presented in table 4.13-4.16.

35
Table 4.13: FOIA truly guarantee unhindered access to government-held information

among journalists in Nigeria

Frequency Percent Valid Percent Cumulative Percent

Valid Strongly Agree 13 26.0 26.0 26.0

Agree 15 30.0 30.0 56.0

Undecided 5 10.0 10.0 66.0

Disagree 11 22.0 22.0 88.0

Strongly Disagree 6 12.0 12.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

In table 4.13, the result indicates that 28 respondents representing 56% agreed to the fact that the

FOIA will create access to government-held information. But 17 (34%) of the respondents do not

buy that while 10% of the valid and reliable respondents were not of the degree of the issue. This

result is revealing as raises the fear of many journalists that in so far as some laws are not repelled

from our law books, efforts to access government-held information will be continually frustrated.

Table 4.14: journalists have not been utilizing FOI law in discharging their duties.

Frequency Percent Valid Percent Cumulative Percent

Valid Strongly Agree 19 38.0 38.0 38.0

Agree 14 28.0 28.0 66.0

Undecided 5 10.0 10.0 76.0

Disagree 6 12.0 12.0 88.0

Strongly Disagree 6 12.0 12.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

36
Table 4.14 examines the journalists’ perception of the utilization of the Act. Even though majority

of the journalists view the Act as an investigative tool and also admit that it increases their access

to information, most of the respondents (66%), an over- whelming majority, indicated they have

not been using the Act, only 12(24%) utilized the Act in discharging their duties while 5(10%) of

them are undecided to the degree of the issue.

Table 4.15: Journalists view the FOI Act as an investigative tool

in news gathering?

Frequency Percent Valid Percent Cumulative Percent

Valid Strongly Agree 15 30.0 30.0 30.0

Agree 13 26.0 26.0 56.0

Undecided 5 10.0 10.0 66.0

Disagree 6 12.0 12.0 78.0

Strongly Disagree 11 22.0 22.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

Since journalists’ perception of the Act is of interest in this study, to ascertain whether their view

of the Act affect their usage for reporting, we now sought their opinion of the Act as an

investigative instrument for news gathering, and found out that slightly 28 (56%) of the journalists

see the Act as an investigative tool for journalism practice. Only 17 (34) have contrary opinion

while 10% were undecided.

37
Table 4.16: FOI Law enhanced their access to information?

Frequency Percent Valid Percent Cumulative Percent

Valid Strongly Agree 19 38.0 38.0 38.0

Agree 14 28.0 28.0 66.0

Undecided 5 10.0 10.0 76.0

Disagree 6 12.0 12.0 88.0

Strongly Disagree 6 12.0 12.0 100.0

Total 50 100.0 100.0


Source: author’s computation from SPSS 22.0

Interpretation

Table 4.16 presents the analysis of another area of journalists’ perception of the Act. 33(66%)

identify that the Act improves their access to information; this is against 24% who do not agree

and 10% were undecided.

4.3 Summary of Major Findings

The followings are the major findings in which the research questions have been addressed:

It was discovered that Nigerian journalists in this study are aware of the provision of the FOI

Act to a high level. This therefore confirms research question 1 and as well brings the fact that

the FOIA is one Act that most journalists have followed with keen interest.

It was also discovered that Nigeria Journalists in this study have perceptual knowledge of the

strengths and weaknesses of the Act in facilitating journalism practice. Thus, confirms research

question 2 as they identified issues that consist the strengths and weaknesses of the Act.

It was also discovered that Nigerian journalists have bad perception about the implementation

of the Act as the FOI has not been adequately put to work by Nigerian journalists. Thus,

38
answered the research question number three that says what are the journalists’ perception about

the implementation of the Act.

4.4 Discussion of Findings

The findings derived from the study present no new discovery but rather reinforced previous

research findings regarding the use of FOI Act by journalists in different countries (Cole, 2010).

The study has shown that Nigerian journalists are aware understand and value the FOI Act as

an investigative tool, as Abia (2012) also observed, but the Act is generally not often used by

them. From the findings, it was apparent that Nigerian journalists seem not to have imbibed the

culture of routine investigative journalism but rather still lean on speculative armchair reporting,

which has continued to be the bane of journalism practice in Nigeria. this result is also in line

with the empirical finding of Ifeoma and Gregory (2014) that all Nigerian journalists are aware

of the law; some consent an improvement in access to information but ironically, greater

majority have never made use of the law in the discharge of their journalistic responsibilities.

With regards to awareness of the provisions of the Act, it is not surprising that the journalists

have a high level of awareness of the Act. This is because journalists were not only the major

stakeholders in the clamor for the law; they were also involved at different stages in the

preparation of the bill that is now an Act (FOI Coalition, 2003). Thus, even before the bill

became an Act, many journalists had already known its contents. This is more so to the fact that

the bill stayed for a very long time in the national assembly before being passed into a law (2000

– 2011, 11 years) and that it attracted a lot of concern and discussion both within the field of

journalism. At a point, many people viewed the bill as a ‘mass media’ bill, largely due to the

high involvement of journalists in the clamor for its passage (Ojebode, 2011).

It is also quite revealing but not surprising that the journalists studied were able to have

39
perceptual knowledge of the strengths and weaknesses of the Act in facilitating journalism

practice. One of these issues was also identified in the empirical findings of Genevieve and Jude

(2014) that the provision in Section 16, that journalism is among the public institutions that are

exempted from not being compelled to disclose certain kinds of information. If this provision

of the Act had been otherwise, it is feared, it would have done more harm than good to

journalism practice. This provision has reinforced the NUJ Code of ethics on this matter and

given journalists more confidence in protecting their sources of information obtained in

confidence. Other issues identified by the journalists studied which constitute strength of the

Act in facilitating journalism practice bother on the provisions that guarantee free availability

of information to all as contained in Sections 1, 2, 3, 7, 8, 9, 10, 19, 22, 25 and 29. With this

guarantee, journalists can now obtain information freely as against the old scenario where it was

difficult for journalists to access certain kinds of information vital to reporting crucial issues of

national importance.

On the implementation of the FOI Act the study revealed that Nigerian journalists have a bad

perception about the implementation of Act. The reasons for the unsuccessful implementation

of the Act has been identified in the empirical findings of Apuke (2016) that there are some

issues not adequately addressed by the Act such as the existence of other laws via Official

Secrets Act, Penal Code, and Criminal Code, which have provisions that discourage free access

to information. Even though some scholars have argued that Freedom of Information Act 2011

renders the Official Secrets Act useless (Genevieve and Jude, 2014; Abia, 2012), this is still

largely an issue for the courts to determine. Another issue not directly provided for in the Act

is the absence of a supervisory body to coordinate the implementation of the law. Ojebode

(2011) argues that, just as it is the case with Economic and Financial Crimes (EFCC) Act of

40
2004 as amended in 2006, which provided for the establishment of the EFCC Commission to

coordinate and enforce the EFCC Act, the FOI Act should have provided for a similar

commission to coordinate and help actualize the goals of the Act. Without this supervisory

body, the Act will not be implemented or obeyed to the fullest. This will invariably affect

adversely the practice of journalism.

On the whole, the findings of this study have given ample support to the theoretical framework of

the study – libertarian theory. The findings on the strength of the FOI Act suggest that journalists

are now at liberty to freely assess information that would facilitate their work. Freedom to assess

information is a necessity and a precursor to freedom of expression, since freedom of expression

cannot come without freedom of access to information.

41
CHAPTER FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1 Summary of the Study

Having exhausted the analysis of the data collected from respondents via the questionnaire, the

findings are summarized thus: that there is a growing awareness of journalists on the FoIA. This

is not coming as a surprise as journalists alongside other civil society organization were at the

forefront for the passage into law of the Freedom of Information. This awareness, it is discovered,

is necessary for the maximization of the latent prospects of the FoIA in Nigeria. Again that the

FoIA will indeed create access to government-held information remains cheering news. This is

against the backdrop of the fact that the law provides a platform for participation and interaction

between the government and the governed – these are veritable indices of a true democracy.

However, the 1999 Constitution of Nigeria (as amended) as it is at the moment has been seen as

one of the greatest banes to the workability of the FoIA in Nigeria. To this end, the advocacy for

the repelling of some of these anti-press laws in our statutes if the FOIA must work is a call that

cannot be easily waved off.

Also, sheering is the fact that the FoIA has been seen as one of the ingredients for the sustenance

and strengthening of our nation’s democracy. This owes largely to the fact that the Act has been

seen as engendering responsibility, transparency and accountability in government.

Interestingly, the FoIA has been seen as an indispensable agent catalyst to effective journalism

practice.

This is true in that, it provides the necessary platform for objective, factual, fair and balanced

reporting.

42
Finally, the FOIA ushers in an era of freedom with responsibility in which the journalists is saddled

with the task to reporting in such manners that would only be fair and factual yet engendering

national development.

5.2 Conclusion

In view of the analysis made from responses of respondents, it is therefore submitted that the

Freedom of Information Act has the potency to enhance the journalism practice in Nigeria, national

development, guarantee national security, transparency and good governance and press freedom.

However, the anti-press law that adorn our law books, unfortunately have the capacity to frustrate

the FoIA in Nigeria.

Moreso, the FoIA is a catalyst for freedom with responsibility. This is so because the media now

are made to assume the full states of the change agents they have often been denied.

The FoIA places on the shoulders of the journalists a rather “heavy burden” – the task to report in

manners that are not only responsible but also engender development. It is in journalist’s adherence

to journalism tenets that they would avoid the pitfall of irresponsible journalism practice – to whom

much is given much is required. It is in this light that journalists must know that freedom must be

matched with responsibility.

5.3 Recommendations

In view of the findings made in the study, the following recommendations are hereby submitted:

(i) That journalists should go beyond just being aware of the passage into law of the FoIA, but

to be well acquainted with relevant provisions of the Act. It is when they do that, that they

can make the most of the Act.

43
(ii) That the workability of the law in Nigeria, remains a concern. Allaying this concern will

be highly predicated on how well strict compliance is made to the relevant provisions of

the law.

(iii) That some of the anti-press laws that adorn or law book should either be expunged or

repelled. It is in that, that the FoIA can be beneficial to the Nigerian nation and its citizens

alike.

(iv) That efforts must be made to punish public office holders who attempt to frustrate the

public’s effort to get information.

(v) Journalist should hold tenacious to the ethics of the profession and as report in manners

that will advance the cause of development of the people.

(vi) Workers should update all information in their custody so as to facilitate easy and rapid

release of information when requested for, and consequently promote transparency and

accountability especially in government and other bodies.

(vii) The Right of access to information should be enjoyed by everyone and not only restricted

to any privileged few, therefore information should be provided for everyone as it is the

right of everyone to have access to information as contained in the Freedom of Information

Act.

(viii) Implementation of the Freedom of Information Act should not only be theoretical

but also practical as information is needed in all sectors of the economy which will promote

press freedom and the freedom of expression.

5.4 Limitation of Study

These are the possible problems the researchers faced in the course of conducting the research

work which include;

44
Financial constraint: Every good and successful research work requires sufficient finance.

However, this research work faced the problem of finance as a result of the little financial resources

at the disposal of the researcher.

Confidentiality of documents: Some classified and unclassified information contained were not

available to the researcher’s disposal and therefore the researcher missed some important

information pertaining this study.

Irrational responses: Some of respondents were irresponsive and essentially not willing to be

questioned whereas other respondents were not ready to return the questionnaires on time.

5.5 Suggestions for Further Study

Since this study was conducted on Journalists in Abeokuta Chapter. Thus, the sample may not

have captured all registered journalists in the country. However, the sample does contain the

requisite elements through which generalizations could be made. We, therefore, suggest further

investigation into the challenging situations pointed out by the journalists surveyed in comparison

with what obtains in other zones of the country.

45
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htt://www.mediarightsagenda. net/foia pp
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48
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wole-soyinka-lecture/.

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APPENDIX

Department of Mass Communication,

Faculty of Arts,

Crescent University, Abeokuta

Ogun State.

Dear Respondent,

I am an undergraduate student in the aforementioned department. I am carrying out a research on

the topic: JOURNALIST PERCEPTION OF FREEDOM OF INFORMATION ACT (FOIA).

This is in partial fulfillment for the award of an Bachelor Degree in Mass Communication.

Kindly fill the attached questionnaire and be assured that all information given will be treated

with utmost confidentiality.

Thank you for your co-operation.

Yours sincerely,

Salako Abiodun

Researcher

50
Section A: Other Information

1. Are you aware of the Freedom of Information Law?

(a) Yes [] (b) No [ ]

2. If yes, what is your level of awareness on the provision of the FIA?

(a) High [] (b) Moderate [ ] (c) Low [ ]

3. The FOIA will indeed create access to government-held information for journalists in

Ogun State.

(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]

(e) Disagree [ ]

4. FOIA will aid media practice towards fair, balanced accurate and objective reporting.

(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]

(e) Disagree [ ]

5. The Act enhances journalism practice

(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]

(e) Disagree [ ]

6. The Freedom of Information law will strengthen democracy.

(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]

(e) Disagree [ ]

51
11. The Act discourages journalism practice

(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]

(e) Disagree [ ]

12. The strengths of the Act outweigh the weaknesses in enhancing journalism practice.

(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]

(e) Disagree [ ]

13. The FOIA truly guarantee unhindered access to government-held information among

journalists in Nigeria

(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]

(e) Disagree [ ]

14. Journalists utilize FOI law in discharging their duties.

(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]

(e) Disagree [ ]

15. Journalists view the FOI Act as an investigative tool in news gathering.

(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]

(e) Disagree [ ]

16. FOI Law enhanced their access to information

(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]

(e) Disagree [ ]

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Section B: Bio-Data of the Respondents

1. Educational qualification

(a) SSCE [ ] (b) B.Sc [] (c) MSc. [ ] (d) others [ ]

2. Employer

(a) Government [] (b) Private [ ] (c) others [ ]

3. Age: (a) 18 – 35 [ ] (b) 36 – 55 [ ] (c) 56 – 60 [ ]

4. Sex: (a) Male [ ] (b) Female [ ]

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