CONFIDENTIALITY OF OFFICIAL RECORDS AND FREEDOM OF INFORMATION ACT IN NIGERIA: ISSUES AND CHALLENGES

Abstract

Official records of strategic value are generated daily in files, electronic mails and computer sets in public service and public institutions in the course of public policy making process, governance and administration of the state. Official records are necessary ingredients for decision making in government and large number of these official records are sensitive in nature such that unrestricted access to them by the public may be inimical to state security and injurious to public interest. This paper examines some germane issues and certain provisions of Nigerian laws which allow confidentiality of official records despite the freedom of information law. The study is anchored on democratic secrecy theory, and adopted a qualitative based- descriptive analysis as well as the literature-review approach to examine and analyse existing laws, some emerging issues and challenges relating to confidentiality of official records in this era of freedom of information law in Nigeria especially between 2011 and 2023 of this fourth republic such as the existence of subsisting laws like official secret Act,1999 Constitution, Public Service Rule and Criminal Code Act.