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Probe of oil sector and non-passage of FOI bill
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On Tuesday, April 29, 2008, the House of Representatives threw away the Freedom of Information bill, which has been before it since last year, for the fifth time.
This has attracted widespread condemnation from the Newspapers Proprietors' Association of Nigeria (NPAN), Nigerian Union of Journalists, human rights activists, Adams Oshiomole, former President of the Nigeria Labour Congress (NLC) and a host of other civil society coalitions.
In a statement issued at the end of an Executive Council meeting held last Wednesday in Lagos, NPAN noted what it called "the trivial manner in which the house members treated the Freedom of Information Bill at their sitting on Tuesday, April 29, 2008."
NPAN is of the view that the conduct of the honourable members showed lack of seriousness with the issues of anti-corruption and accountability which the bill seeks to entrench.
Oil and gas experts agree with NPAN that if the bill had been signed, the various probes, especially in the oil sector, which the house was embarking on would have been unnecessary.
This is because the bill seeks to force the timely release of information about government and the conduct of its officials.
It is also the contention of most stakeholders in the oil and gas industry that by treating such exercise with disdain, the House of Representatives has called to question the real intent of the planned probe of the oil and gas sector.
Analysts are in fact, suspicious of the planned exercise, since the House appears not to be supporting transparency in the first place, by refusing to pass the FOI.
It is being insinuated in some quarters that the exercise may be another means of witch-hunting unfortunate individuals for the sole purpose of dragging their names in the mud so as to play to the gallery.
"If the House of Representatives is not ready to allow Nigerians to know the graft going on in government by denying journalists access to information, what moral authourity do the honourable members have to probe the past deeds of the previous administration,?" queried an oil expert.
The expert insisted that if the members are sincere in their real intentions, they should have subjected themselves and the present administration to public scrutiny by making information relating to their activities accessible to journalists through the passage of FOI bill.
Nigerians need not "to wait another four or even eight years when the tenure of this administration will end before they find out if government officials have been true to their oath to administer the wealth of the nation judiciously," said NPAN in statement.
Even during the passage of the Nigerian Extractive Industries Transparency Initiatives (NEITI) bill, the original bill was also alleged to have been tampered with to deny Nigerians access to information.
It was alleged that the National Assembly added some provisions that would serve as a leeway for oil companies to deny Nigerians information on their activities in the country.
Aside undermining the right to freedom of information, the action of the honourable members could also encourages pilfering of the nation's oil resources.
Some legal experts had drawn the attention of Nigerians to section 3 (d) of the bill where the National Assembly added a provision that could help oil companies withhold information on their activities.
The original section 3 (d) states that one of the primary objectives of NEITI is to: "obtain, as may be deemed necessary, from any extractive industry company an accurate record of the cost of production and volume of sale of oil, gas or other minerals extracted by the company at any period".
But the National Assembly later added : "provided that such information shall not be used in any manner prejudicial to the contractual obligation or proprietary interests of the extractive industry company" to the original bill.
Oil and gas analysts believe the addition of this proviso would make oil companies not to disclose certain information that are of public interests.
The right to freedom of information does not require information seekers to provide reasons for seeking information.
But with the addition of this proviso oil companies could ask information seekers to provide reasons for seeking any information on their activities.
The House of Representatives should therefore pass the FOI or stop all the suspicious probes it is carrying out.
Some analysts are also calling on journalists to boycott all the activities of the House, including their various probes as a means of putting pressure on the honourable members to pass the bill.
This has attracted widespread condemnation from the Newspapers Proprietors' Association of Nigeria (NPAN), Nigerian Union of Journalists, human rights activists, Adams Oshiomole, former President of the Nigeria Labour Congress (NLC) and a host of other civil society coalitions.
In a statement issued at the end of an Executive Council meeting held last Wednesday in Lagos, NPAN noted what it called "the trivial manner in which the house members treated the Freedom of Information Bill at their sitting on Tuesday, April 29, 2008."
NPAN is of the view that the conduct of the honourable members showed lack of seriousness with the issues of anti-corruption and accountability which the bill seeks to entrench.
Oil and gas experts agree with NPAN that if the bill had been signed, the various probes, especially in the oil sector, which the house was embarking on would have been unnecessary.
This is because the bill seeks to force the timely release of information about government and the conduct of its officials.
It is also the contention of most stakeholders in the oil and gas industry that by treating such exercise with disdain, the House of Representatives has called to question the real intent of the planned probe of the oil and gas sector.
Analysts are in fact, suspicious of the planned exercise, since the House appears not to be supporting transparency in the first place, by refusing to pass the FOI.
It is being insinuated in some quarters that the exercise may be another means of witch-hunting unfortunate individuals for the sole purpose of dragging their names in the mud so as to play to the gallery.
"If the House of Representatives is not ready to allow Nigerians to know the graft going on in government by denying journalists access to information, what moral authourity do the honourable members have to probe the past deeds of the previous administration,?" queried an oil expert.
The expert insisted that if the members are sincere in their real intentions, they should have subjected themselves and the present administration to public scrutiny by making information relating to their activities accessible to journalists through the passage of FOI bill.
Nigerians need not "to wait another four or even eight years when the tenure of this administration will end before they find out if government officials have been true to their oath to administer the wealth of the nation judiciously," said NPAN in statement.
Even during the passage of the Nigerian Extractive Industries Transparency Initiatives (NEITI) bill, the original bill was also alleged to have been tampered with to deny Nigerians access to information.
It was alleged that the National Assembly added some provisions that would serve as a leeway for oil companies to deny Nigerians information on their activities in the country.
Aside undermining the right to freedom of information, the action of the honourable members could also encourages pilfering of the nation's oil resources.
Some legal experts had drawn the attention of Nigerians to section 3 (d) of the bill where the National Assembly added a provision that could help oil companies withhold information on their activities.
The original section 3 (d) states that one of the primary objectives of NEITI is to: "obtain, as may be deemed necessary, from any extractive industry company an accurate record of the cost of production and volume of sale of oil, gas or other minerals extracted by the company at any period".
But the National Assembly later added : "provided that such information shall not be used in any manner prejudicial to the contractual obligation or proprietary interests of the extractive industry company" to the original bill.
Oil and gas analysts believe the addition of this proviso would make oil companies not to disclose certain information that are of public interests.
The right to freedom of information does not require information seekers to provide reasons for seeking information.
But with the addition of this proviso oil companies could ask information seekers to provide reasons for seeking any information on their activities.
The House of Representatives should therefore pass the FOI or stop all the suspicious probes it is carrying out.
Some analysts are also calling on journalists to boycott all the activities of the House, including their various probes as a means of putting pressure on the honourable members to pass the bill.
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Comments (1 posted):
The House of Representatives find itself in a historic moment saddled with the passage of a private Bill- widely considered a fundamental element for sustainable democracy and open society- but the self-styled leadership of Nafida, in the absence of the Speaker of the House, Honourable Oladimeji Bankole- has decided to draw back the hands of the clock by adding to the frustrations of Nigerians who have waited for almost ten years under 3 legislative tenures to have the FOI Bill passed into an Act.
It is inconceivable that a gang-up could be put up against the main sponsors and co-sponsors as we witnessed during the feeble attempt to convince Nigerians that the Bill was never thrown out. The decision to stand proceedings ‘because the sole sponsor’- referring to Abike Dabiri- suggests an underground plot to cow all co-sponsors not to recognise and distant themselves from the Bill- thereby putting Dabiri on the spot.
The act in my opinion corroborates the general opinion that the House is itself the main stumbling block to the passage of the FOI Bill. It suffices to conclude therefore, that by extension the House of Representatives is constraining the desire of Nigerians to stamp out corruption and enthrone probity and transparency in governmental operations. Such gangup deserves of the House probing itself to expose elements whose interests are served by the delays and non-passage of the Bill.
This shameful act raises public expectations on the outcome of the spate of probes ongoing. With every sense of modesty, I will be surprised if anyone- I mean a senior public officer is jailed or punished – after the probes. Like previous probes I have serious doubts about the sincerity of the House and the Honourable members to mete out appropriate punishment to the hooligans and shenanigans occupying exalted offices in our land. They are too afraid that they might get their hands burnt; and indeed they would, considering the heart rendering revelations and finger pointing that went on during the one-week theatrics in the Public Hearing.
The absence of the FOI Bill has been pointed for the opacity which permits/sustains the level of rent seeking and corruption in Nigeria’s extractive industries. The passage of the NEITI Act, Procurement Act and the Fiscal Responsibility Act- undoubtedly critical anti-corruption laws in the war against corruption- the refusal to pass the FOI Act is slowing down the anti0corruption war in Nigeria. Without it, the current paradigm in Nigeria where public office is seen as the shortest route to instant/sudden riches/affluence will not go away; and generations after generations after them will continue hold the believe that they can become instantly rich if they get political office.
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