Resolving conflict between Official Secrets Act and FOI Act

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Resolving conflict between Official Secrets Act and FOI Act
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On Monday, July 8, 2024, a newspaper published an editorial titled “Akume’s riot act on official secrets,” in which it sought to justify

SIR: the threat by the Secretary to the Government of the Federation , Mr. George Akume, that government officials who disclose information without authorisation would be jailed and railed against the criticism of that threat by Media Rights Agenda as “misleading and mischievous.”

What is clear from Section 27 of the FOI Act is that there is a clear conflict between the Official Secrets Act of 1962, which seeks to criminalise and punish public officials who disclose information without authorisation, and the FOI Act of 2011, which represents a change in public policy in accordance with current international norms and standards, and protects public officials who disclose without authorisation information in the public interest.

The two laws are not complementary, they are not analogous and there is absolutely no meeting point between them. Besides, there is nothing contained in the Official Secrets Act that can be interpreted to be aimed at enhancing transparency or accelerating the socio-economic and political development of Nigeria.

Clearly, the Attorney-General also recognised the inconsistencies and incongruity between the FOI Act and the Official Secrets Act along with the provisions of other existing laws which promote secrecy in government.

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