Right of access to information and its limitation by national security in Nigeria: mutually inclusive or exclusive?

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dc.contributor.advisorDe Vos, Pierreen_ZA
dc.contributor.authorSalau, Aaron Olaniyien_ZA
dc.date.accessioned2017-09-26T15:05:57Z
dc.date.available2017-09-26T15:05:57Z
dc.date.issued2017en_ZA
dc.description.abstractSection 39(1) of the 1999 Constitution of Nigeria guarantees freedom of expression, including the right to receive and impart information. Also, the domestication of the African Charter on Human and Peoples' Rights' makes the Charter's protections for access to information part of Nigerian law. Indeed, sections 39(3) and 45(1) of the Constitution permit restrictions on access to information, but only by 'law that is reasonably justifiable in a democratic society'. Unfortunately, access to information in Nigeria is heavily circumscribed by statutes that confer absolute powers on the executive to classify information to protect vague 'national security' interests inconsistently with what is reasonably justifiable in a democratic society. Underlying this problem are a colonial legacy of administrative secrecy that disdains disclosure of official information and clumsy constitutional rights provisions that accentuate security restrictions rather than the right to information. Using democratic theory as an analytical tool, this thesis advocates for the right of access to information as not just a constitutional value, but also a minimum requirement for the functioning of a democratic society. In so doing, it aims to curtail abuse of executive powers under national security laws that permit limitations on access to information. The thesis uses African human rights standards of reasonableness to evaluate how national security laws that limit access to information measure against constitutional standards of reasonableness and justifiability in a democratic society. The thesis finds that constitutional protection and jurisprudential recognition of the right of access to information in Nigeria do not comply with minimum international law requirements. The thesis ultimately suggests that limitation of access to information on grounds of national security must be in the public interest. In striking a balance between access to information and national security, it recommends a sufficient legislative description of 'national security' and clear constitutional framework for access to information, subject to restrictions only where harm to national security is demonstrably greater than access to information.en_ZA
dc.identifier.apacitationSalau, A. O. (2017). <i>Right of access to information and its limitation by national security in Nigeria: mutually inclusive or exclusive?</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/25429en_ZA
dc.identifier.chicagocitationSalau, Aaron Olaniyi. <i>"Right of access to information and its limitation by national security in Nigeria: mutually inclusive or exclusive?."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2017. http://hdl.handle.net/11427/25429en_ZA
dc.identifier.citationSalau, A. 2017. Right of access to information and its limitation by national security in Nigeria: mutually inclusive or exclusive?. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Salau, Aaron Olaniyi AB - Section 39(1) of the 1999 Constitution of Nigeria guarantees freedom of expression, including the right to receive and impart information. Also, the domestication of the African Charter on Human and Peoples' Rights' makes the Charter's protections for access to information part of Nigerian law. Indeed, sections 39(3) and 45(1) of the Constitution permit restrictions on access to information, but only by 'law that is reasonably justifiable in a democratic society'. Unfortunately, access to information in Nigeria is heavily circumscribed by statutes that confer absolute powers on the executive to classify information to protect vague 'national security' interests inconsistently with what is reasonably justifiable in a democratic society. Underlying this problem are a colonial legacy of administrative secrecy that disdains disclosure of official information and clumsy constitutional rights provisions that accentuate security restrictions rather than the right to information. Using democratic theory as an analytical tool, this thesis advocates for the right of access to information as not just a constitutional value, but also a minimum requirement for the functioning of a democratic society. In so doing, it aims to curtail abuse of executive powers under national security laws that permit limitations on access to information. The thesis uses African human rights standards of reasonableness to evaluate how national security laws that limit access to information measure against constitutional standards of reasonableness and justifiability in a democratic society. The thesis finds that constitutional protection and jurisprudential recognition of the right of access to information in Nigeria do not comply with minimum international law requirements. The thesis ultimately suggests that limitation of access to information on grounds of national security must be in the public interest. In striking a balance between access to information and national security, it recommends a sufficient legislative description of 'national security' and clear constitutional framework for access to information, subject to restrictions only where harm to national security is demonstrably greater than access to information. DA - 2017 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2017 T1 - Right of access to information and its limitation by national security in Nigeria: mutually inclusive or exclusive? TI - Right of access to information and its limitation by national security in Nigeria: mutually inclusive or exclusive? UR - http://hdl.handle.net/11427/25429 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/25429
dc.identifier.vancouvercitationSalau AO. Right of access to information and its limitation by national security in Nigeria: mutually inclusive or exclusive?. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2017 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/25429en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherPublic Lawen_ZA
dc.titleRight of access to information and its limitation by national security in Nigeria: mutually inclusive or exclusive?en_ZA
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnamePhDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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