KWARA ASSEMBLY IS RESPONSIBLE FOR NON-DOMESTICATION OF FOI ACT – ENetSuD EXPLAINS

The Coordinator of Elites Network for Sustainable Development (ENetSuD), Dr. Abdullateef Alagbonsi, has explained to Kwarans why the 9th Kwara State House of Assembly (KWHA) should be held responsible for the non-domestication of the Freedom of Information (FOI) Act in Kwara State yet.

In a Sobi FM 101.9 radio program titled “Rebirth Half Hour” and anchored by Mrs. Nana Akinlabi, Alagbonsi explained that, though the FOI bill was passed by the Rt. Hon. Ali Ahmad-led 8th KWHA, it remained a bill unless it has the Governor’s assent in accordance with Section 100 of the Nigerian Constitution. Consequently, the Governor requested a minor amendment on the bill before his assent, but the 9th KWHA under the leadership of Rt. Hon. Salihu Yakubu Danladi has refused to act on the bill since July 2019.

On the part of the Governor, he has done what he is required to do by the constitution, and he will be held responsible later if he refuses to assent after the KWHA later passes the bill. But since we are still at a level that the Danladi-led 9th KWHA has not done the required minor amendment after more than one and a half year, we can only focus on the KWHA who has the power to make law. ENetSuD added that, no matter how mighty or powerful a Governor is, he will still approach the legislature to pass a bill into law by proposing it as an executive bill, underlining the strong power of the legislature as far as legislation is concerned.

1. Is the KWHA anti-transparency?

2. Is the KWHA deliberately depriving Kwara citizens of their constitutionally-recognized right to access information?

3. Is the KWHA the executive that awards contracts, majorly spends public fund, and execute projects?

4. Whose interest is the KWHA protecting?

5. Who are KWHA members consulting on the FOI Bill?

6. What are the KWHA members hiding from the public?

7. What is the problem of KWHA that the members have refused to pass the FOI bill that will give Kwarans access to information on how the public fund is spent?

8. Has the 9th KWHA held another public hearing on the FOI bill and was told by citizens that they don’t want the bill?

9. Why keeping the FOI bill for close to 2 years without doing anything on it?

10. Are the KWHA members using their legislative power to kill a bill that Kwarans want?

ENetSuD told the KWHA members that their attitude on the FOI bill is against the public interest and that their actions and inactions will be counted for or against them alone. The legislature is headed by the Speaker and the executive is headed by the Governor, and each arm of government should bear its name and be responsible for its actions and inactions.

Other questions that are also begging for answers from the legislators are as follow:

1. If not because the Governor introduced Social Audit as an executive creation, how could we have been having access to information on some KWSG’s projects that we have audited and are still auditing?

2. How can we be convinced that the same Governor that introduced Social Audit (which is helping access to information on some projects) is the one behind the non-passage of the FOI bill by the KWHA even when his letter to the KWHA on the same bill clearly showed that he had an interest in the bill?

If there has been any backdoor communication from the Governor to the KWHA as alleged by some quarters, the KWHA should boldly come out to tell Kwarans what has happened, as the members of the public are not aware of such backdoor arrangement.

ENetSuD also cautioned the legislators not to arrogate the exclusive right to public information to themselves only. Notwithstanding their power of oversight over the executives on how the public fund is spent, Section 39 of the Nigeria Constitution and even Article 19 of the Universal Declaration of Human Rights recognize that “Every person shall be entitled to the freedom to receive and impart information without interference”. Thus, asking for Freedom of Information in Kwara State for Kwara citizens is not out of place.

Signed,
Usman Radhiyyat Taiye (Mrs),
Deputy Coordinator (Administration),
Elites Network for Sustainable Development (ENetSuD),
31/01/2021

LISTEN TO THE FULL PROGRAM HERE