The Question of National Security and Freedom of Information Act in Nigeria: Balancing the Competing Interests and Rights

National security and the right of access to public information are rights pulling in opposite directions. On the one hand, there is the need for government to secure public information on grounds of national security; on the other hand, there is the right of persons to access information held by public bodies. There are challenges linked with identifying the balance between the citizens’ access to information and protection of national security. In recent times, trends suggest that legitimate national security interests are in practice best protected when the public is well informed. The right to access information under the Freedom of Information Act (FOIA) 2011 and the right to protection of national security are competing rights, and balancing the two is complicated and has been a topical issue over the years. The paper adopts the doctrinal methodology and focuses on national security under the FOIA and attempts to map out the balance between accessing public information and yet protecting legitimate national security issues. It recommends that one way to achieve a balance between the two competing rights is by clearly delineating ‘national security’ under the FOIA.