Govt Officials Risk Jail Term For Distortion Of Facts

Soon, any government official in Lagos State who intentionally destroys any record or distort facts in a record before such records are made public would be liable to three years jail term.

This was contained in the Freedom of Information Bill of the state that was recently subject of a public hearing at the state House of Assembly.

The bill also prescribes a one year jail term for a public office holder who gives false information to anyone who requires such information from the government or such public office holder.

The bill does not prescribe any option of fine for the offences.

The bill which has 33 sections also gives the court the power to hear cases relating to the refusal of officials to release documents to the public when they are needed.

According to Section 10 of the bill, which is to be passed before the expiration of the sixth Assembly on 3 June, 2011, “it shall be criminal offence punishable on conviction with three years imprisonment for any officer or the head of any government or public institution to which this law applies who tries to either wilfully destroy any records kept in his/her custody or attempts to doctor or otherwise alter same before they are released to any person, entity or community applying for it.”

Section 31 (sub-section 1 and 2) of the bill also states that: “As from the commencement of this Law, it is an offence for the head of government or public institution, or an officer charged with carrying out the provisions of this Law to falsely disclose or alter any document or information requested for under the provisions of this Law

“Any head of government or public institution or officer who contravenes (the provision of the section) is guilty of an offence and on conviction is liable to imprisonment for one year.”

The bill made provision for the protection of whistle-blowers by stating that any employer, whether in a government establishment or a public institution, must not dismiss, suspend, demote, discipline or harass an employee or even deny the employee any advantage of service because that employee makes information available for the betterment of the society.

Speaking on the importance of the bill to the state, Chairman of the House ad-hoc Committee on Information, Security and Strategy, Ipoola Omisore, said it would provide for accountability in government when passed into law.

According to him, with a bill as this passed into law, Lagosians could ask political office holders questions relating to finance and their activities in office and be able to get convincing answers through documents that would be submitted to them on enquiry.

He also said the bill makes it possible for every man to be watchful of his activities because of whistle-blowers who are protected by the provisions in the bill.

But a university don, Prof. Ralph Akinfeleye, who praised the lawmakers for what he described as a step in the right direction, suggested that the jail term for offenders be increased from three years to five years.

He lamented that the FOI Bill before the National Assembly was yet to see the light of day after 11 years, adding that instead of the National Assembly members to do justice to it, the Senate watered it down and made it less attractive to the people who needed it.

He also asked the state lawmakers to reconsider the provision which asks people to seek the face of the court considering the slow pace of court proceedings in the country.

Professor Akinfeleye asked the lawmakers to state a specific amount to be paid by those who sought public documents and records from the government against the provision which gives powers to those in charge of the records to fix specific prices.