Lawyers Call For Repeal Of Official Secrets Act

Legal practitioners have appealed to the Nigerian Law Reform Commission to repeal the Official Secrets Act of 1962 to strengthen the implementation of the Freedom of Information Act (FoIA) 2011.
They made the call in Abuja yesterday at a roundtable discussion on the Freedom of Information Act (FoIA) No.4, 2011, organised by the commission.

In his presentation titled, “Assessing the scope and clarity of right to access information under the Freedom of Information Act 2011”, Prof. Peter Akper (SAN) called for a repeal of the Official Secrets Act.
He said the enactment of FoIA has not repealed the Official Secrets Act, which hinders its implementation.
Akper said, “Implementing the FoIA demands a careful review of the provisions of the Official Secrets Act (OSA), 1962. The point to note is that the FoIA has not repealed the OSA provisions. What it has done is to repeal those provisions of the OSA that are inconsistent with FoIA.”

He also proposed the extension of the time limit from seven to 21 days in the FoIA.
He said the seven days were unrealistic because of the country’s administrative procedures.

“In this regard, it may be necessary to review the time limit for disclosing information under the Act from seven to 21 days to address the practical problems inherent in the existing provision.

The chairman of the Nigerian Law Reform Commission, Prof. Dakas C.J. Dakas (SAN), in his remarks, reaffirmed the commission’s commitment to strategic law reform for national transformation, in a manner that renews the hopes and aspirations of Nigerians and other stakeholders in the Nigerian legal system.

According to him, strategic law reform is necessitated by the fact that “we live in a time when outdated or ambiguous legal frameworks hinder innovation, economic growth, justice delivery, and social progress. Many of our laws, some dating back to colonial times, no longer reflect current realities or align with international best practices.

“Strategic law reform is, therefore, a national imperative. Through strategic reform, we can enhance access to information, combat corruption, strengthen institutions, promote ease of doing business, ensure gender equity, protect the vulnerable, enhance access to justice, and ultimately transform society,” he said.

He said a sound legal reform will strengthen the institutions that sustain democracy and development.

He reiterated that the commission is statutorily mandated to undertake the systematic review, modernisation and reform of laws to conform with the prevailing norms of justice, social conditions and international best practices.