Legal experts have urged the Nigerian Law Reform Commission to abolish the Official Secrets Act of 1962 to enhance the effectiveness of the Freedom of Information Act (FoIA) 2011.
This appeal was made during a roundtable held in Abuja, organized by the commission to discuss the implementation of the Freedom of Information Act (FoIA) No.4, 2011.
During his address titled, “Evaluating the Extent and Clarity of the Right to Access Information under the Freedom of Information Act 2011,” Prof. Peter Akper (SAN) emphasized the need to repeal the Official Secrets Act.
He highlighted that the existence of the Official Secrets Act continues to obstruct the full realization of the FoIA’s objectives.
Akper explained, “The enforcement of the FoIA requires a thorough reassessment of the Official Secrets Act (OSA) of 1962. It is important to recognize that the FoIA did not entirely repeal the OSA; rather, it only nullified those sections of the OSA that conflict with the FoIA.”
Furthermore, he recommended extending the statutory response period from seven to 21 days under the FoIA.
He argued that the current seven-day timeframe is impractical given the complexities of administrative processes in Nigeria.
“To address the operational challenges posed by the existing provision, it would be prudent to amend the disclosure deadline from seven days to 21 days,” he suggested.
Prof. Dakas C.J. Dakas (SAN), chairman of the Nigerian Law Reform Commission, reiterated the commission’s dedication to comprehensive legal reforms aimed at national development and restoring public confidence in Nigeria’s legal framework.
He noted that the urgency for strategic law reform stems from the reality that “many outdated or vague laws impede innovation, economic advancement, justice delivery, and social progress. Numerous statutes, some originating from the colonial era, are no longer relevant or aligned with global standards.”
“Strategic reform of the law is essential for the nation. It enables improved access to information, fights corruption, fortifies institutions, facilitates business operations, promotes gender equality, safeguards vulnerable groups, enhances justice accessibility, and ultimately drives societal transformation,” he added.
He emphasized that robust legal reforms are crucial for reinforcing the institutions that underpin democracy and sustainable development.
Prof. Dakas also reaffirmed that the commission’s statutory role involves the systematic review, modernization, and reform of laws to reflect contemporary justice principles, social realities, and international best practices.