Report of the One-Day CLE Workshop on the Freedom of Information Act which held on January 30th 2013 at Faculty of Law,Abia State University, Uturu,Abia State. . BACKGROUND It is common saying that knowledge is power. In this light, to give meaning to the words of the Nigerian constitution, to wit, “sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority”, it is imperative that the Nigerian people be empowered with knowledge. This knowledge involves being aware of the extent to which the government and its agencies are using such powers vested on them by the people. If popular sovereignty were to be assured, then, free access to information should be a right of the people. Erstwhile, the trend in Nigeria has deny access to information as a right of the people. In fact, in most penal legislations in Nigeria, divulging some classes of information has been criminalized. To this end, borne by the desire to bring the Nigerian society in touch with contemporary reality, the National legislature passed into law the Freedom of Information (FOI) Act, 2011. This Act proves to be the sabre of true democracy possessed especially by the true knights of democracy — the people. Clinical legal education aims to help students hone their knowledge and skills in all areas, including the following: Access to Justice, Street Law Program, Alternative Dispute Resolution, Prison Service, Public Interest Lawyering, and Interview and Counselling. The issue is whether or not the FOI Act is relevant to clinical legal education. This workshop organised by Law Clinicians of the Abia State University (ABSU) Law Clinic proves the relevance of the Act. The participants comprised of about 200 students who are in their fourth and final years of study respectively. OPENING ADDRESS: Mr. Okoroafor in welcoming all to the workshop highlighted that the aim of the workshop was to sensitize student clinicians in the 400 and 500 levels of study. The object of the sensitization in this case was the Freedom of Information Act, a legislation enacted in 2011. For him, the FOI Act affects everyone; it is a foundation of open governance, and opening free participation in governance. He went further to say that information is the oxygen of democracy; hence, only when citizens are properly informed can they participate fully in governance. Information, as he explained, is the bridge between good government and bad government, the latter being a purveyor of inefficiency in government Given this fact, the FOI Act is Nigeria’s attempt to reverse the trend towards a shift to good governance. He concluded on the note that the workshop will expose the strengths of the FOI Act and will also bring to light the exceptions contained therein. FREEDOM OF INFORMATION ACT 2011 RELEVANCE TO CLINICAL LEGAL EDUCATION IN NIGERIA: The workshop was facilitated by Mr. Ikechukwu. The workshop was organized in plenary and breakout sessions. The plenary sessions served the purpose of pace setting and provided a platform for analysing group reports after the breakout sessions. The breakout sessions, however, were used as interim feedback mechanism to test the assimilation rate of the students and ensure learning. The entire workshop was planned to last for three hours. (Other details as per structure are contained in the Workshop Structural Plan annexed to this report). Background of the FOI Act In May 28, 2011, the FOI Act was passed into law, a variant of other 93 FOI legislations worldwide. The first was the Swedish FOI Law in 1766. South Africa’s FOI Act was enacted in 2000. In Nigeria, the advocacy for the Act started in 1993; hence, Nigeria’s FOI Act has the record of a legislation that stayed in the bill stage for the longest time. Its goals include inter alia, making public records more freely available, providing public access to public records and information, and protecting public records, information, and personal privacy. Erstwhile, the notion of “classified information” privy to only public officials was exaggerated. However, since 1766 the understanding that individuals have a right to information has gained wide acceptance such that, now, scholars argue that it is a fundamental right. As such, not all classes of information treated as “classified” need be so. The ideological foundations of the FOI Act came from the principles outlined by the United Nations, flowing particularly from Article 19 UDHR. These principles include: i. Maximum Disclosure. By this it is meant that the government should disclose information through various media. The Nigerian FOI Act provides for about 40 classes of information that should be proactively disclosed. The Act makes it a duty for public institutions to produce such information whether or not a request has been made to that effect by citizens. ii. Obligation to Publish iii. Promotion of Open Government iv. Limited Scope of Exceptions. With this principle, exceptions are limited to public issue exceptions and public interest overrides. v. Process to Facilitate Access. vi. Cost: No cost should be attached to provision of information except standard cost of duplication. vii. Disclosure Should Take Precedence. The proposed legislation should obtain notwithstanding anything to the contrary in any other legislation. Overview of the FOI Act The FOI act has 32 sections. Sections 31 and 32 are interpretation and citation sections respectively. Section 1 creates the right to freedom of information for every individual. Section 2 provides for 40 classes of information that should be proactively disclosed. Section 3 provides for access to records. It provides for procedure to make request for access to records. These records are gotten from public institutions which term broadly comprises institutions that use public funds, institutions that render public services, or private institutions that make use of public funds wholly or partly. Section 4 fixes the limit for release of information at 7 days. Section 5 provides for transfer of application which holds where the institution applied to lacks the information sought after, but can transfer the application to another institution having the information. By virtue of section 7, where there is wrongful denial of access to information, the remedy is a fine of N500, 000 on the defaulting institution. More so, section 10 makes it an offence to destroy or falsify records punishable upon conviction with a minimum of 1-year imprisonment. Whilst sections 12-17 provide for exceptions to the right to freedom of information, section 27 protects public officers from anything to the contrary in the Criminal Code, Penal Code, and Official Secrets Act against exposing unethical; conducts of superiors. Overview of Clinical Legal Education Clinical legal education provides practical training to law students. Such training helps the students to harness skills in legal drafting, communication, and advocacy. Breakout Sessions The different groups outlined the relevance of the FOI Act to some areas covered by clinical legal education. For time constraints, the groups were reduced to four instead of six. Group 1: Relevance of the FOI Act, 2011 to Street Law Program Leader: Onyebuchi Nwoko Rapporteurs: Esther Madumere & Chinwendu Egege The Street Law Program connotes the dissemination of the legal rights accruing to members of the society. The FOI Act is beneficial in these regards: i. Informing the public and creating awareness as regards citizens’ right to information; ii. It has also sensitized the public on enforcement mechanisms put in place. From the Facilitator: The introduction of the FOI Act logically extends the scope of the Street Law program. The usual concentration on school-age girls and village women must be expanded to cover even students in tertiary institutions and professionals in all works of life. Group 2: Impact of FOI Act on Alternative Dispute Resolution Leader: Njoku Chioma Rapporteurs: Orji Chidinma & Nwachukwu Christian The FOI Act expedites sensitization of the existence of the ADR mechanism. From the Facilitator: Initiating a Freedom of Information request can serve as a veritable alternative in some cases. The introduction of a FOI request could really affect a litigation process especially if there are no grounds for the litigation. Group 3: Relevance of the FOI Act to Prison Services Leader: Okafor Chinyere Rapporteurs: Ogbonna Nissi & Ajunwa Ikechukwu Prison services are functions of the clinic which make pro bono legal services available to prisoners. The FOI Act will aid the retrieving of records particular to prisoners or detainees that need the services of the clinic. Given the 7-day limit, the FOI act also makes for speedy retrieval. From the Facilitator: Through the FOI Act, such information as concerning the funds earmarked by the government for the general welfare of the prisoners and the modes of its use should be readily available for disclosure upon request pursuant to the FOI Act. Group 4: Relevance of the FOI Act to Public Interest Lawyering Leader: Ihekwoaba Chuks Rapporteurs: Okezie Obioma & Ngwobia Nneoma PIL involves using the law and its instruments to aid members of society towards effecting social change. By the group’s assessment, FOI Act benefits PIL in that it sensitizes public institutions as regards their obligation to make proactive disclosure of information. From the Facilitator: Given the Act’s existence, clinicians can now participate in PIL through making requests that will reveal human rights violations or other wrongs perpetrated to the detriment of the public. Students’ Assessments The views expressed by the students are an indication of the impact the workshop had on them. A random selection of some of such views are delineated below; Nweke Valentine Chukwuebuka - 500level I got acquainted with my right to request for information on the goings on in the government and public institutions and such demands being as of right and not privilege. Ngwobia Nneoma Ibe – 500level I was enlightened in the workshop on my right to request for information and the few exceptions to those rights. The workshop was educative, informative and an eye opener. Nnadi Moses – 500level The workshop was mind blowing and a great exposure. It is something everyone, not law students alone should be exposed to. Nwoko Emezue – 400level My newly acquired knowledge on my right to information is a piece of knowledge that equals an arsenal and proper use therefrom would make for a better democracy. Chikezie Kingsley Lazarus – 400level The knowledge I acquired on the Freedom of Information Act is one which is unparalleled. It places the information seeker above the other party since all its words are construed in hisfavour. It was indeed an educative workshop. Recommendations Arming everyone with the Act and continual emphasis on the importance of the FOI Act are steps required to be taken in the journey of utilizing the Act for clinical activities. Couching the theme of the Street Law Programme around the impact and importance of the FOI Act is also recommended. Also, owing to the great reception of this workshop in the Faculty of Law and the students’ assessment of it a bigger and better workshop could be organized the entire ABSU community but for the problem of funding. Conclusion To conclude the exercise, the facilitator presented materials from the Right to Know Initiative which includes printed copies of the Freedom of Information Act, Understanding the Freedom of Information Act: 10 salient features and 10 myths of the Act and 23 reasons for the Freedom of Information Act. The materials were for the Faculty Library and the Clinic to aid in the further spread of the gospel of the Act. The facilitator also called for a patriotic disposition towards the use of the FOI Act. After the closing prayer by Kelechi Chris, there were photo sessions of the clinicians with the facilitator and the Lecturers present. Among those in attendance were Dr. Unegbu (the Former Acting Dean), Dr. Okoronye (Coordinator, Faculty Post-Graduate School), Mr. Emeka Okoroafor (CLE Supervisor) and Mr. Uzoma Ikechukwu, the workshop’s facilitator.

ABSU Law Clinic holds its 1st Workshop on the Freedom of Information Act

It is common saying that knowledge is power. In this light, to give meaning to the words of the Nigerian constitution, to wit, “sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority”, it is imperative that the Nigerian people be empowered with knowledge. This knowledge involves being aware of the extent to which the government and its agencies are using such powers vested on them by the people. If popular sovereignty were to be assured, then, free access to information should be a right of the people.

Erstwhile, the trend in Nigeria has deny access to information as a right of the people. In fact, in most penal legislations in Nigeria, divulging some classes of information has been criminalized. To this end, borne by the desire to bring the Nigerian society in touch with contemporary reality, the National legislature passed into law the Freedom of Information (FOI) Act, 2011. This Act proves to be the sabre of true democracy possessed especially by the true knights of democracy — the people.

Clinical legal education aims to help students hone their knowledge and skills in all areas, including the following: Access to Justice, Street Law Program, Alternative Dispute Resolution, Prison Service, Public Interest Lawyering, and Interview and Counselling. The issue is whether or not the FOI Act is relevant to clinical legal education. This workshop organised by Law Clinicians of the Abia State University (ABSU) Law Clinic proves the relevance of the Act. The participants comprised of about 200 students who are in their fourth and final years of study respectively. 

Watch out for a detailed report!