The Swedish law was actually said to have been inspired by a Chinese practice of public disclosure dating back to thousands of years. In Africa, however, information disclosure is a new phenomenon. The law was first signed by South – Africa in 2000 followed by Zimbabwe, Angola and Uganda by 2004. The journey of FOI in Nigeria actually started in September 2004, when the House of Representatives passed a Bill For An Act To Make Public Records And Information More Freely Available. The Senate has also passed the bill for Presidential approval and signing into law.

Issues of freedom of information have been covered by various international conventions, charters and statements. The UN General Assembly in 1964 averred that ‘freedom of information is a fundamental human right and is the touchstone for all freedoms to which the UN is consecrated’. The AU Declaration of principles on freedom of expression in Africa part IV posits that “Public bodies hold information not for themselves but as custodians of the public good and everyone has the right to access the information”.

Others include the African Charter on Human and Peoples Rights - Article 9, which states that ‘every individual shall have the right to receive information’ while the ECOWAS treaty - article 4g (Fundamental Principles) upholds the charter of AU.

The content of a Freedom of Information instrument usually differ from one country to another but certain elements reoccur in each case. There is the issue of coverage. The law usually covers all Government institutions, especially those that receive public money. Another issue is that of exemptions, which cover national security, personal privacy, public security, commercial secrets and internal deliberations of organizations. Enforcement is another crucial element of the law and it provides for the establishment of an agency to receive complaints from members of the public bordering on denial of access. In Nigeria, either the Code of Conduct Bureau or Public Complaints Commission can take the responsibility of The Ombudsman - the name given to such an agency in other countries. It is also necessary to have a Citizens Advice Department in the establishment for those who need guidance. The last element is ease of access. Institutions must make available information in a manner that it can be easily understood by any member of the Public.

The UN Principles on Freedom of Information as espoused in 2001 include maximum disclosure of any information requested as well as the obligation to publish information for public perusal and scrutiny.

The Ministry of Finance has blazed the trail in this regard with publication of monthly allocations to all tiers of Government in newspapers and the internet.

The FCT also publishes information about land allocation and sale of Government property, while the Federal Ministry of Information advertises information about tenders. The promotion of open Government is another principle. It is also provided that the scope of exceptions to the coverage of the law should be limited and must be clearly and narrowly drawn. They must also be subjected to strict ‘harm’ and ‘public interests’ tests. Another principle is the entrenchment of processes to facilitate the access.

Costs too are important; individuals should not be deterred from making requests for information by excessive costs. Meetings of public bodies are also expected be open to the Public. Another important principle is that disclosure takes precedence over other conflicting legislations. The case of access to assets declarations of public officers may serve as an example in this regard. The protection of whistle blowers is another important principle, as it will encourage the spirit of diligence and vigilance in the members of the public.

Those who may take the best advantage of this law are the Civil Society Organizations (CSO) who, as pressure groups would want one thing or another done by Government, or from Government. It may be investigation of corruption, abuse of due process, or human rights etc. Another group is the media, who will now have unfettered access to all the facts. The general public usually seems to be contented with going through CSOs to air their grievances rather than do so by themselves.

Nigeria is well prepared for the implementation of the law. This is because structures are already in place to ensure its smooth take off. The reform in the Public service has reduced corruption substantially.

All Federal establishments now have SERVICOM, or Service charters, which outline services they render as well as the grievance redress mechanism in case of failure to provide such services. Another is OPEN – Oversight of Public Expenditure on NEEDS. This enables citizens to track or monitor budgetary allocations down to expenditure. In seoul Korea, a programme with the same acronym of OPEN also exists, but means ‘Online Procedures for Enhancement of Civil Applications’ and it enables citizens to monitor administrative procedures relating to applications for permits or other approvals. In terms of the principle of publication, the cases of Ministry of Finance, FCTA and FMINO have already been mentioned as having complied, while NEITI has already ensured maximum disclosure in the extractive industry sector.

For the successful implementation of the FOI law, it will be necessary to build public awareness and change the level of apathy among the citizenry. To make them vigilant enough to observe and make enquires when faced with breaches. It is also necessary to build an informed civil service, which is ready to change from the culture of bureaucracy and embrace transparency and accountability. It has been said that ‘lack of accountability creates rent by giving those in custody of information something with which to trade’. It is also good news that the service is embracing ICT as new information management systems are being developed for various functions in the service. Stronger regulatory and enforcement mechanisms are also being introduced in the system while Anti- Corruption and Transparency Units (ACTU) have been set up in all establishments and are being strengthened for local MDA enforcement. All this will complement the implementation of the FOI Law.

Information disclosure adds social, economic and political value to the nation. It supports sustainable development, encourages equitable economic growth, supports decentralization, improves efficiency of public administration and strengthens responsible media reporting. It also cements public trust and supports human rights. It should therefore be a uniting factor between a suspicious public and an accountable public service.