Lagos, Thursday, September 2, 2010:  The attention of the Freedom of

Information Coalition (FOI Coalition) has been drawn the statements credited

to the Chairman of the Senate Committee on Appropriation, Senator Iyiola

Omisore, blaming journalists for the delay of the passage of the Freedom of

Information Bill by the National Assembly.

The Senator is reported to have said at the guest forum of the Nigerian

Union of Journalists (NUJ), Oyo State council, on August 30 that supporters

of the Bill were not ready to agree with the responsibilities that go with

access to information and that the National Assembly could not pass the Bill

because media leaders did not allow the inclusion of clauses for penalties

for publishing inaccurate information and falsehood.

We do not believe that he speaks for the National Assembly or indeed the

Senate.  But we are nonetheless constrained to respond to his claims so that

members of the public are not misled into believing that such excuses are

tenable.

It is difficult to understand how the existence of a Freedom of Information

Act, which is intended to enable Nigerian citizens, including journalists,

obtain authentic, accurate and reliable information from public

institutions, will become the instrument to facilitate the publication of

falsehoods or inaccurate information.

However, if the desire of the distinguished Senator is to have journalists

jailed for publishing falsehood or inaccurate information, he does not need

penal sanctions in a Freedom of Information law to enable him do that.  The

statute books are replete with copious provisions in this regard and

introducing the same provisions into the Freedom of Information Bill serves

no purpose.

In addition to laws on civil defamation, Criminal Defamation already exists

in Nigerian laws, both at the Federal level and in several state laws.  It

is extensively covered in the Criminal Code Act of the Laws of the

Federation of Nigeria (LFN). It is also separately provided for in the

Defamatory and Offensive Publications Act, also contained in the LFN

Section 375 of the Criminal Code Act, which deals with “Publication of

defamatory matter”, provides that: “*Subject to the provisions of this

Chapter, any person who publishes any defamatory matter is guilty of a

misdemeanour, and is liable to imprisonment for one year; and any person who

publishes any defamatory matter knowing it to be false is liable to

imprisonment for two years.”

In addition, Section 376 of the Criminal Code Act, dealing with “Publishing

defamatory matter with intent to extort”, provides that: “Any person who

publishes, or threatens to publish, or offers to abstain from publishing, or

offers to prevent the publication of defamatory matter, with intent to

extort money or other property, or with intent to induce any person to give,

confer, procure, or attempt to procure, to, upon, or for, any person, any

property or benefit of any kind, is guilty of a felony, and is liable to

imprisonment for seven years.”

Defamatory matter is defined under Section 373 of the Criminal Code Act as

follows:

“Defamatory matter is matter likely to injure the reputation of any person

by exposing him to hatred, contempt, or ridicule, or likely to damage any

person in his profession or trade by any injury to his reputation.”

The Act goes on to say that: “Such matter may be expressed in spoken words

or in any audible sounds, or in words legibly marked on any substance

whatever, or by any sign or object signifying such matter otherwise than by

words, and may be expressed either directly of by insinuation or irony. It

is immaterial whether at the time of the publication of the defamatory

matter, the person concerning whom such matter is published is living or

dead …”

Federal and State laws also have adequate provisions to punish publication

of false reports or information.

Section 59 (1) of the Criminal Code Act provides that: “Any person who

publishes or reproduces any statement, rumour or report which is likely to

cause fear and alarm to the public or to disturb the public peace, knowing

or having reason to believe that such statement, rumour or report is false

shall be guilty of a misdemeanour and liable, on conviction, to imprisonment

for three years.”

The Act goes on to say in Section 59(2) that: “It shall be no defence to a

charge under the last preceding subsection that he did not know or did not

have reason to believe that the statement, rumour or report was false unless

he proves that, prior to publication, he took reasonable measures to verify

the accuracy of such statement, rumour or report.”

Similarly, Section 418 of the Penal Code, which is applicable in the

northern states, provides that: “Whoever circulates, publishes or

reproduces any statement, rumour or report which he knows or has reason to

believe to be false with intent to cause or which is likely to cause fear or

alarm to the public whereby any person may be induced to commit an offence

against the public peace, shall be punished with imprisonment which may

extend to three years or with fine or with both.”

These are just a few of the examples of provisions in existing laws which

carry jail terms for both journalists and other members of the public. It is

therefore difficult to accept the distinguished Senator’s statement that

despite the existence of such laws,  concerns about the possibility of abuse

of information are responsible for the failure of the National Assembly to

pass such an important piece of legislation.

We hope that these clarifications will lay to rest such concerns or excuses

as expressed by Senator Omisore and hereby call on the National Assembly to

pass the Freedom of Information Bill into law without further delay.

*For further information, please contact:*

Edetaen Ojo

Coordinator, Freedom of Information Coalition

Tel: 01-761 6803

Cell: 0803 714 5991

E-mail:

edet@mediarightsagenda.net