THE RIGHT OF ACCESS TO INFORMATION AND NATIONAL SECURITY LIMITATIONS UNDER NIGERIA’S FREEDOM OF INFORMATION ACT; IMPLICATIONS FOR DEMOCRATIC GOVERNANCE

Public access to information and the protection of national security are usually thought to be pulling in opposite directions though the two values are components of a stable democracy. But expanding statutory powers for the protection of national security at the expense of accountability pose grave dangers to democracy. Accordingly, this paper analyzes the statutory provisions which authorize the exemption of national security information under the Nigerian Freedom of Information Act 2011, which guarantees access to official information and records against transparency principles embedded in human rights treaties and international soft law. The provisions of the FOI Act 2011 are commendable, but fall short of engendering a decisive shift from secrecy in national security matters to transparency in Nigeria as envisaged. This lacuna requires urgent legislative reforms and democratic oversight to countermand unjustifiable national security restrictions and enable Nigeria discharge its human rights obligations under relevant“ treaties.