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Freedom of Information Act and The Limits of Press Freedom, By Mack Ogbamosa – THISAGE
Introduction A free, independent, and vibrant press is one of the strongest pillars of any democratic society. It is against this background that most democratic countries make constitutional provisions for a free press . Others even go further to enact specific laws to make affairs of governments freely available to the public. Currently, there are more than 130 countries in the world that have free press laws. They include Sweden, United States, France, South Africa and Nigeria. Nigeria did not only make constitutional provisions in Sections 22 and 39(1) of the 1999 Constitution ( as amended) but also went ahead to enact the Freedom of Information Act in 2011. Section 22 of the 1999 Constitution states: “ “The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter( ie Chapter II) and uphold the responsibility and accountability of the Government to the people” Section 39(1) of same Constitution states : “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference” .. To complement these constitutional provisions, Section 1 (1) of the Freedom of Information Act (FOIA) states “Notwithstanding anything contained in any other Act, law or regulation, the right of any person to access or request information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution howsoever described, is established.” while Section 2(2), states that: “A public institution shall ensure the proper organization and maintenance of all information in its custody in a manner that facilitates public access to such information” Primary Purpose of FOIA According to the Act, its primary purpose is to make information about public records freely available to every Nigerian in the public interest. …