Freedom of information act: a paradigm shift in press Freedom in Nigeria?

Abstract

Freedom of expression and the press had since 1979 been introduced into the constitution of the Federal Republic of Nigeria particularly under Chapter IV of the constitution captioned ‘Fundamental Rights’. This right of expression and free press, particularly as provided for in section 39(1) of the constitution of Federal Republic of Nigeria 1999 (as amended) confers on everyone freedom of expression, which includes freedom to hold opinions and to receive and impart ideas and information without interference. However, inspite of the aforestated constitutional provisions and other similar enactments, access to information, particularly public records by members of the public in general and the press in particular has remained a mirage. It is against this backdrop that this paper examines the impact of the Freedom of Information Act, 2011 (which was enacted into law after its prolonged setback and delays) on press rights of unfettered access to information. This paper further examines among other things, the extent to which FOI Act 2011 had been implemented, the challenges confronting its applicability as well as the prospects of the Act in the nearest future. Likely means of improving its effective implementation/enforceability are also suggested.