The Press and Freedom of Information in Nigeria and the United States of America: An Analysis

Obinna Johnkennedy Chukwu

doi:doi:10.11648/j.ijls.20180101.14

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The Press and Freedom of Information in Nigeria and the United States of America: An Analysis

Obinna Johnkennedy Chukwu

Published in International Journal of Law and Society (Volume 1, Issue 1)

Received: 6 November 2017 Accepted: 23 November 2017 Published: 24 December 2017

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Abstract

Freedom of information is germane to a free state, and, often, seen as the bulwark for democracy. It obliterates secrecy, and by extension, engenders the culture of openness in government. This can only be possible where there is a clear-cut law or legislation that guarantees or extends the freedom to elicit, access/or obtain and disseminates government-held information without let or hindrance. In Nigeria and United States of America (US), these laws: Freedom of Information Act 2011 and Freedom of Information Act 1966, respectively, exist, with a singular purpose of engendering freedom of information. This study critically examined these laws with the aim of sieving-out, comparing and deciphering the similarities, differences, flaws and the likely effects it has on the two countries. From the analysis, the laws have similar exemptions, but dissimilar, among others, in the institutions and offices to be covered by the Act. Similarly, It was also observed that press freedom and freedom of information are greatly enhanced in the United State of America than in Nigeria. Furthermore, the study showed that the Executive Orders, randomly, promulgated and enacted by the successive presidents of the United States of America serve as impediments to freedom of information in the United States of America. However, despite the above, extant literature revealed that the United State of America’s society is more predisposed to freedom of information than the Nigerian society. This is seen in the decided cases, several laws, enactments and amendments so far made on and in response to the Freedom of Information Act 1966. Amongst other, it is recommended that the US Congress should amend and enact a law banning and/or restricting issuance of Executive Order. Similarly, the Nigerian National Assembly should, as well, repeal the Official Secret Act of 1976.

Published in	International Journal of Law and Society (Volume 1, Issue 1)
DOI	10.11648/j.ijls.20180101.14
Page(s)	24-33
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2017. Published by Science Publishing Group

Keywords

The Press, Freedom of Information, Freedom of Information Act

References

[1]	Tocqueville, A. (1835). In: Amadi, F. (2002). Site of Struggle in Nigerian Development Communication. Port Harcourt: Sinart Publishing.
[2]	Blackstone, W. (1765-1769). Commentaries on Laws of England. Chicago: University of Chicago Press. vol. 4, 151 – 152.
[3]	Constitution of United States of America; First Amendment, December, 15, 1791.
[4]	Constitution of Federal Republic of Nigeria 1999, As Amended, also referred to as 1999 Constitution.
[5]	Freedom of Information Act 1966, United States of America.
[6]	Freedom of Information Act 2011, Nigeria
[7]	Nwabueze. B. (1982). The Presidential Constitution of Nigeria. London: C hurst, 460.
[8]	Noelle-Neumann. E. (1974). The Spiral of Silence: Public Opinion-Our Social Skin. Chicago: University of Chicago press; 44.
[9]	Olunloyo. V. (1977). The Great Debate. Lagos: Time Publishers Ltd, 125.
[10]	Open Government Act 2007.
[11]	Osinbajo. Y. and Fogan. K. (1991). Nigerian Media Law. Lagos: Gravitas Publishers, 8.
[12]	Paterson, C. (2005). Development Communication. Chicago: The Museum of Broadcast Communication. Retrieved from https//www.museum.tv/eotvsection.php?entryode=development, para. 1-8 on August 10, 2016.
[13]	Political Bureau Report (1987), Published by MAMSER, 1987), P. 214, Para 12.031 (a) & (b).
[14]	United Kingdom Royal Commission Report, 2015.
[15]	Universal Declaration of Human Rights, 1948.
[16]	Yalaju G. (2001). Media Law. Port Harcourt: Minson publishers.
[17]	Innocent Adikwu v. Federal House Representative (1982) 3 NCLR, 94.
[18]	R v. Amalgamated Press Ltd & Anor (1961) ANLR 209.
[19]	Tony Momoh v. Senate (1984) NCLR, 269; (1982) 3 NCLR p. 394.
[20]	Associated press v. N. L. R. U. S pp. 103, 132-2 (1937).
[21]	First National Bank of Boston v. Bellotti 435 U. S. 765, 98 S. CT 1407, 55 LED. 2d 707 (1978).
[22]	Branzbury v. Hayes (1972) 408 U. S. 660.
[23]	Cohen v. Cowles Media Co. 501 U. S. 663, 111 S. Ct. 2513, 115 L. Ed. 2d 586 (1991) .
[24]	Near v. Minnesota 283 U. S. 697, 51 S. Ct. 625, 75 L. Ed. 1357 (1931).
[25]	New York Times Co. v. U. S. 403 U. S. 713, 91 S. Ct. 2140, 29 L. Ed. 2d 822 (1971).
[26]	Nebraska press Association v. STUART, 427 U. S. 539, 96 S. Ct. 2791, 49 L. Ed. 2d 683 (1976).
[27]	New York Times Co. v. Sullivan 376 US 254.
[28]	w.w.w.un.org. retrieved 25/09/17.
[29]	Executive Order 13392, 2005: http://www.usdoj.gov/oip/04_6.html. Accessed September 25, 2017.

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Obinna Johnkennedy Chukwu. (2017). The Press and Freedom of Information in Nigeria and the United States of America: An Analysis. International Journal of Law and Society, 1(1), 24-33. https://doi.org/10.11648/j.ijls.20180101.14

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Obinna Johnkennedy Chukwu. The Press and Freedom of Information in Nigeria and the United States of America: An Analysis. Int. J. Law Soc. 2017, 1(1), 24-33. doi: 10.11648/j.ijls.20180101.14

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AMA Style

Obinna Johnkennedy Chukwu. The Press and Freedom of Information in Nigeria and the United States of America: An Analysis. Int J Law Soc. 2017;1(1):24-33. doi: 10.11648/j.ijls.20180101.14

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@article{10.11648/j.ijls.20180101.14,
  author = {Obinna Johnkennedy Chukwu},
  title = {The Press and Freedom of Information in Nigeria and the United States of America: An Analysis},
  journal = {International Journal of Law and Society},
  volume = {1},
  number = {1},
  pages = {24-33},
  doi = {10.11648/j.ijls.20180101.14},
  url = {https://doi.org/10.11648/j.ijls.20180101.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20180101.14},
  abstract = {Freedom of information is germane to a free state, and, often, seen as the bulwark for democracy. It obliterates secrecy, and by extension, engenders the culture of openness in government. This can only be possible where there is a clear-cut law or legislation that guarantees or extends the freedom to elicit, access/or obtain and disseminates government-held information without let or hindrance. In Nigeria and United States of America (US), these laws: Freedom of Information Act 2011 and Freedom of Information Act 1966, respectively, exist, with a singular purpose of engendering freedom of information. This study critically examined these laws with the aim of sieving-out, comparing and deciphering the similarities, differences, flaws and the likely effects it has on the two countries. From the analysis, the laws have similar exemptions, but dissimilar, among others, in the institutions and offices to be covered by the Act. Similarly, It was also observed that press freedom and freedom of information are greatly enhanced in the United State of America than in Nigeria. Furthermore, the study showed that the Executive Orders, randomly, promulgated and enacted by the successive presidents of the United States of America serve as impediments to freedom of information in the United States of America. However, despite the above, extant literature revealed that the United State of America’s society is more predisposed to freedom of information than the Nigerian society. This is seen in the decided cases, several laws, enactments and amendments so far made on and in response to the Freedom of Information Act 1966. Amongst other, it is recommended that the US Congress should amend and enact a law banning and/or restricting issuance of Executive Order. Similarly, the Nigerian National Assembly should, as well, repeal the Official Secret Act of 1976.},
 year = {2017}
}

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TY  - JOUR
T1  - The Press and Freedom of Information in Nigeria and the United States of America: An Analysis
AU  - Obinna Johnkennedy Chukwu
Y1  - 2017/12/24
PY  - 2017
N1  - https://doi.org/10.11648/j.ijls.20180101.14
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EP  - 33
PB  - Science Publishing Group
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AB  - Freedom of information is germane to a free state, and, often, seen as the bulwark for democracy. It obliterates secrecy, and by extension, engenders the culture of openness in government. This can only be possible where there is a clear-cut law or legislation that guarantees or extends the freedom to elicit, access/or obtain and disseminates government-held information without let or hindrance. In Nigeria and United States of America (US), these laws: Freedom of Information Act 2011 and Freedom of Information Act 1966, respectively, exist, with a singular purpose of engendering freedom of information. This study critically examined these laws with the aim of sieving-out, comparing and deciphering the similarities, differences, flaws and the likely effects it has on the two countries. From the analysis, the laws have similar exemptions, but dissimilar, among others, in the institutions and offices to be covered by the Act. Similarly, It was also observed that press freedom and freedom of information are greatly enhanced in the United State of America than in Nigeria. Furthermore, the study showed that the Executive Orders, randomly, promulgated and enacted by the successive presidents of the United States of America serve as impediments to freedom of information in the United States of America. However, despite the above, extant literature revealed that the United State of America’s society is more predisposed to freedom of information than the Nigerian society. This is seen in the decided cases, several laws, enactments and amendments so far made on and in response to the Freedom of Information Act 1966. Amongst other, it is recommended that the US Congress should amend and enact a law banning and/or restricting issuance of Executive Order. Similarly, the Nigerian National Assembly should, as well, repeal the Official Secret Act of 1976.
VL  - 1
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Author Information

Obinna Johnkennedy Chukwu

Department of Linguistic and Communication Studies, University of Port Harcourt, Port Harcourt, Nigeria

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APA Style

Obinna Johnkennedy Chukwu. (2017). The Press and Freedom of Information in Nigeria and the United States of America: An Analysis. International Journal of Law and Society, 1(1), 24-33. https://doi.org/10.11648/j.ijls.20180101.14

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ACS Style

Obinna Johnkennedy Chukwu. The Press and Freedom of Information in Nigeria and the United States of America: An Analysis. Int. J. Law Soc. 2017, 1(1), 24-33. doi: 10.11648/j.ijls.20180101.14

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AMA Style

Obinna Johnkennedy Chukwu. The Press and Freedom of Information in Nigeria and the United States of America: An Analysis. Int J Law Soc. 2017;1(1):24-33. doi: 10.11648/j.ijls.20180101.14

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@article{10.11648/j.ijls.20180101.14,
  author = {Obinna Johnkennedy Chukwu},
  title = {The Press and Freedom of Information in Nigeria and the United States of America: An Analysis},
  journal = {International Journal of Law and Society},
  volume = {1},
  number = {1},
  pages = {24-33},
  doi = {10.11648/j.ijls.20180101.14},
  url = {https://doi.org/10.11648/j.ijls.20180101.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20180101.14},
  abstract = {Freedom of information is germane to a free state, and, often, seen as the bulwark for democracy. It obliterates secrecy, and by extension, engenders the culture of openness in government. This can only be possible where there is a clear-cut law or legislation that guarantees or extends the freedom to elicit, access/or obtain and disseminates government-held information without let or hindrance. In Nigeria and United States of America (US), these laws: Freedom of Information Act 2011 and Freedom of Information Act 1966, respectively, exist, with a singular purpose of engendering freedom of information. This study critically examined these laws with the aim of sieving-out, comparing and deciphering the similarities, differences, flaws and the likely effects it has on the two countries. From the analysis, the laws have similar exemptions, but dissimilar, among others, in the institutions and offices to be covered by the Act. Similarly, It was also observed that press freedom and freedom of information are greatly enhanced in the United State of America than in Nigeria. Furthermore, the study showed that the Executive Orders, randomly, promulgated and enacted by the successive presidents of the United States of America serve as impediments to freedom of information in the United States of America. However, despite the above, extant literature revealed that the United State of America’s society is more predisposed to freedom of information than the Nigerian society. This is seen in the decided cases, several laws, enactments and amendments so far made on and in response to the Freedom of Information Act 1966. Amongst other, it is recommended that the US Congress should amend and enact a law banning and/or restricting issuance of Executive Order. Similarly, the Nigerian National Assembly should, as well, repeal the Official Secret Act of 1976.},
 year = {2017}
}

Copy | Download

TY  - JOUR
T1  - The Press and Freedom of Information in Nigeria and the United States of America: An Analysis
AU  - Obinna Johnkennedy Chukwu
Y1  - 2017/12/24
PY  - 2017
N1  - https://doi.org/10.11648/j.ijls.20180101.14
DO  - 10.11648/j.ijls.20180101.14
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 24
EP  - 33
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20180101.14
AB  - Freedom of information is germane to a free state, and, often, seen as the bulwark for democracy. It obliterates secrecy, and by extension, engenders the culture of openness in government. This can only be possible where there is a clear-cut law or legislation that guarantees or extends the freedom to elicit, access/or obtain and disseminates government-held information without let or hindrance. In Nigeria and United States of America (US), these laws: Freedom of Information Act 2011 and Freedom of Information Act 1966, respectively, exist, with a singular purpose of engendering freedom of information. This study critically examined these laws with the aim of sieving-out, comparing and deciphering the similarities, differences, flaws and the likely effects it has on the two countries. From the analysis, the laws have similar exemptions, but dissimilar, among others, in the institutions and offices to be covered by the Act. Similarly, It was also observed that press freedom and freedom of information are greatly enhanced in the United State of America than in Nigeria. Furthermore, the study showed that the Executive Orders, randomly, promulgated and enacted by the successive presidents of the United States of America serve as impediments to freedom of information in the United States of America. However, despite the above, extant literature revealed that the United State of America’s society is more predisposed to freedom of information than the Nigerian society. This is seen in the decided cases, several laws, enactments and amendments so far made on and in response to the Freedom of Information Act 1966. Amongst other, it is recommended that the US Congress should amend and enact a law banning and/or restricting issuance of Executive Order. Similarly, the Nigerian National Assembly should, as well, repeal the Official Secret Act of 1976.
VL  - 1
IS  - 1
ER  -

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