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INTRODUCTION
The Freedom of Information law (FoI Act) is Nigeria’s major legislative response to redress the
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
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
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
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
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
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-
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.
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,
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
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.
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?
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,
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.
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
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
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Freedom: in this context, implies the right for students to access information sources and to be at
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
Journalism: this study sees journalism as the work of collecting and writing news stories for
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
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
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
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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
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
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
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
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
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
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
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
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
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
iii. Enhance the realization of the economic reform agenda of the Federal Government as
(NEEDS) document, which provides for the adoption of an access to information law as
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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
vi. Enhance participatory democracy in Nigeria, enabling citizens to make informed decisions,
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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
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.
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
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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
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
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
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
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,
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
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about FOI’, this by implication suggests that the public have the right to or are expected to have
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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
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.
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
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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
N= N
1+ N (e)2
e = Margin (0.10) 2
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
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
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purposive sampling is because the researcher has certain characteristics in mind and such
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.
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
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.
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
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
4.0 Introduction
To evaluate journalists’ perception of the freedom of information Act in Nigeria, this chapter
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.
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
28
Table 4.2: Distribution of Respondents by Employer
Cumulative
Frequency Percent Valid Percent Percent
Interpretation
Table 4.2 reveals the distribution of respondents on the basis of employer. By this, 70%
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
Cumulative
Frequency Percent Valid Percent Percent
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.
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
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
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.
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
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
Table 4.8: FOIA will aid media practice towards fair, balanced accurate and objective
reporting
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,
Research Question 2: What are the journalists’ perception about the strengths and weaknesses of
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
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,
33
Table 4.10: The Freedom of Information law will strengthen democracy
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
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
Cumulative
Frequency Percent Valid Percent Percent
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
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
35
Table 4.13: FOIA truly guarantee unhindered access to government-held information
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.
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
in news gathering?
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
37
Table 4.16: FOI Law enhanced their access to information?
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
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 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
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
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
41
CHAPTER FIVE
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
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
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
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
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
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
(v) Journalist should hold tenacious to the ethics of the profession and as report in manners
(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
(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
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
These are the possible problems the researchers faced in the course of conducting the research
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
Confidentiality of documents: Some classified and unclassified information contained were not
available to the researcher’s disposal and therefore the researcher missed some important
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.
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
45
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49
APPENDIX
Faculty of Arts,
Ogun State.
Dear Respondent,
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
Yours sincerely,
Salako Abiodun
Researcher
50
Section A: Other Information
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 [ ]
(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]
(e) Disagree [ ]
(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 [ ]
(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 [ ]
(a) Strongly Agree [ ] (b) Agree [ ] (c) Undecided [ ] (d) Strongly Disagree [ ]
(e) Disagree [ ]
52
Section B: Bio-Data of the Respondents
1. Educational qualification
2. Employer
53