INTRODUCTION:
In the daily practice of journalism particularly in government organ,the most important issue is the handling of government information which emanates either by way of policy or executive pronouncement.
Yet it is the subject on which opinions are still much divided. On one hand we have the strict constructionists: and on the other, the intention seekers.
In journalistic parlance – Pursuers of facts and opinions.
In the context of our semi topic ‘The strict constructionists go by the letter of the document; which in most cases is stamped “Secret” or confidential. “Top Secret (” ‘Restricted’
The intention seekers go by the purpose or intent of the makers of the document. We shall collaborate on this in the later stage of this paper.
In the whole gamut of our press that is both the print and the electronic media. The intention seekers in this context those who still go by the purpose or intent of the makers of the document rather than the restriction, still see themselves as correct because they have a strong conviction that such information even though embargoed is the real news or breaking news which ought to be made known to the public; whether it borders on private or public interest or not as long as it emanates from the government (the public officer or an agent of the government) and is for public good. All they believe is that government business should not be shrouded in secrecy.
This paper will trace the development of those rival methods and present them for your consideration but first we will start with the definition of the terms, “Restricted and unrestricted” information and their justification in the business of governess. Also, I would simply ask: which method is to he preferred’? And for how long can a government document or information remain restricted’ Is it after a change of leadership or for ever.
But before concluding the paper will also look at the contractual agreement between Employer and Employed dig time around, the government information officer and his Employer, the oath of Secrecy. i.e. official secret Act and the oaths act.
What should constitute a restricted information and what is unrestricted information?
Documents are extensively used in government business. Indeed, government business is about record keeping, whether it be in written form us memos, circulars, minutes etc. Or in electronic formats as in miero chips, floppy disc, compact disc, digital video discs, flash drive and microfilm. Documents contain information on government activities, some of which is vital and sensitive. These sensitive information may require adequate protection from unauthorized persons.
This is the point where information becomes restricted or unrestricted.
CLASSIFICATION OF INFORMATION
Information may be classified depending on the grading of the document according to its security importance. Documents may be classified as “Top Secret” secret”, “confidential” or Restricted”
TOP SECRET
Documents or information or material are classified as Top Secret if their unauthorized disclosure could cause exceptionally grave damage to the nation or start. Example of “Top Secret” documents are
- Documents relating to negotiations for alliance,
- Critical information about major scientific development of defence interest,
- Government plans or policies which have not yet been made public.
SECRET
Documents or information classified as “Secret no those which unauthorized disclosure could cause serious injury to the interest of the nation, og. vital military information relating to important defence installations: (i) major matters that are the subject of future logislations (ii) matters likely to cause disharmony within a Stato; (ili) matters that can jeopardize a State, investment or activity that could jeopardize the economic well being of the State.
CONFIDENTIAL
Information can be graded as confidential if its unauthorized disclosure could be prejudicial to the interest of the nation. Example, Routine political and situation reports, briefs and reports (i) negotiations with trade unions (n) documents concerning individual members of staff. e.g. confidential or progress reports.
RESTRICTED
Information is regarded as restricted if its unauthorized disclosure would be undesirable to the interest of the nation or State.
From the classification of documents or information stated above, it is clear thut Bureaucracy deliberately restricts the release of certain information to protect or safeguard certain interests.
The question therefore is whether it is lawful or unlawful to rolense such information. Ethically, we may ask ourselves is it right or wrong to release such classified information
If as Information Officers in the employ of the State Ministry of Information it is your bounded duty to not only propagate government information but to also ensure that government’s classified documents in your possession are protected.
This brings us to the official secrets Act and the oaths Act.
THE OFFICIAL SECRETS ACT
The official Secret Act is a specific legislation of ten sections enacted to secure public safety by protecting official or classified information. It is contained in volume nineteen, Cap. 335, page 12313, Laws of the Federation of Nigeria Cap 1990.
According to the provision of the Act.
All public or civil servants are prohibited from transmitting, disseminating or dealing with official or classified matters coming into their knowledge or possession by virtue of their privilege offices in any manner, inconsistent with the demands of their offices.
The Act makes it a criminal offence for any public or civil servant to violate section 1.2 or 3 of the act with a maximum sentence of 14 years jail term.
A celebrated case to this effect is that of Prince Tony Momoh, as journalists I know you are quite aware of the case or you must have come across it in your press law.
Also, in retrospect are decrees 2 and 4 of the Buhari/Idiagbon Regime (1980 – 1985) known as the state Security/Detention of persons) decree and protection against false Accusation Decree respectively.
In Decree 4, the Head of State backed up his threat with the promulgation of Public Officers Protection Against False Accusation/Decree 4 of 1984 under which two Guardian Reporters. Tunde Thompson and Nduka Irabor were each jailed one year and Guardian Fined N50,000 in July 4, 1984. Their offence?
For embarrassing the government in a publication about ambassadorial postings, an otherwise innocuous or harmless News item.
Again, we look at Decree No. 2 otherwise known as the State Security (Detention of Persons Decree made in Lagos on February 9 1984. The Decree was backdated to 31″ December, 1983, the Coup d’etat date. Under it, special powers to detain people for acts considered prejudicial to State Security were conferred on the Chief of Staff, Supreme Headquarters a position occupied by Major General Tunde Idiagbon.
The Decree stated in part “if the Chief of Staff Supreme Headquarters is satisfied that any person is or recently has been concerned in Acts prejudicial to State Security or has contributed to the Economic adversity of the nation or in the preparation or instigation of such acts and that by reason thereof, it is necessary to exercise control over him, he may by order in writing direct that the person be detained in civil prison or police station or such other place specified by him and it shall be the duty of the person or persons in charge of such place or places, if an order made in respect of any person is delivered to him to keep that person in custody until the order is revoked”.
A recent incident is the temporary closure of AIT for making public details of the Aircrash in Lagos without due authorizations that was during Obasanjo’s administration.
On the other side of the divide is information that is unrestricted. That is, such information is open and may not need authorization before it is published. Every News source has one activity or the other that is of interest to journalists this type of information does not carry any security classification, however this is not to throw caution to the winds as the laws guiding journalism such as defamation with its components of libel and slander as well as sedition still apply.
GOVERNMENT ESTABLISHMENT AND INFORMATION FLOW
Government is the central engine room for all activities in the society. Government Ministries, Departments and Agencies are the outlets of doing government’s business. The Ministry of Information is the main source of government information.
The Ministry of Information has information officers in all MDAs who collect and report the activities of the government on a daily basis.
It shall be noted that in a democracy, such as ours, it is the people’s right to know what the government is doing on their behalf. This imposes a burden on the information officers to keep the stream of information flowing. Yet in doing this the information officer should be careful not to embarrass his or her principal by the information he or she releases. The principle of information management postulates that adequate information should be provided to the right people at the right time in the right proportion. Any more or less may not achieve the desired results.
CONCLUSION
As we mentioned in the introduction of this paper, there are two schools of thought on the subject matter. While one school strictly holds to the letter of the document, the intention seekers on the other hand argue that, if releasing a document notwithstanding its classification is in the public interest, then it should be released.
I dare say that I support the latter school of thought. Indeed, I believe that disclosure or restriction of information should be determined by public good. For some public officers may decide to restrict information to protect their selfish interest.
Let’s consider a hypothetical case as an example. Let’s say the World Bank makes a grant of two million dollars to Cross River State and the state is required to pay a counterpart funding of say fifty million Naira. Now the State does not pay the counterpart funding and so does not get the grant. Now some official stamps the document “secret” or “restricted”. Why should such information be restricted?
Even when documents or information is restricted, it depends on the time, environment and circumstance.
For instance, in the early days of Babangida’s administration, the dungeons of the Nigeria Security Organisation were thrown open and even journalists were allowed to inspect the cells – NOW, NSO, which is now SSS is the most secretive place in our society.
In the days of Obasanjo’s administration, the awards of contracts were shrouded in mystery today the energy probe is one way in which these mysteries are made open.
Mr. Chairman, Ladies and Gentlemen as government agents we have our rule book what is popularly known as G. O. (General Orders), the law is also there to guide but most importantly our instincts, experience, especially the experience of our superiors should serve as veritable guide in our job of being purveyors of government information.
REFERENCES
- Questions, Answers and notes on competitive promotion examination in the civil service. Oja Upe Amang, Compiled., Calabar Amah Inc. (Mike Ventures.
- Tunde Thompson, Power and the Press: Enugu’ Fourth Dimension Publishers. 1988
- Okune, Patrick E, “Security in Government Paper presented at Refresher workshop for Administrative/professional officers in Cross River State. Unpublished Paper. July, 2006
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