ABSTRACT

Freedom of Information Act is a new legislation passed into law in 2011 and in this work, it is concerned with the legal appraisal of its implementation since 2011 and the limitations, and challenges facing the implementation of the Act like the mischievous intention and actions of the media, the politicians and political parties who in one way or the other tries to deviate or abruptly abscond from the proper use of the Act so as to achieve their mischievous political desire and objects. The actions of political parties and consequences of partisan politics to effective utilization and the implementation of the F. O. I.A 2011. Considering the fact that Nigeria political system in agreement with the democratic system of government or putting into practice the democratic system of government, the need for freedom of information to promote the collection of the opinion of the majority, promotion of unity and effective representation of the government and all other basic purposes or advantages or benefits that is being derived from the existence and implementation of freedom of information as guaranteed by the Act.

The benefits of the freedom of information Act to individuals, government administration, political opposition parties, ethicizing the actions and decisions of the incumbent government by both the subjects, the ruled and the opposition parties and the criticisms which should be necessary for the effective performance and delivery of the government, role of the Freedom of Information Act (F. O. I. A.) in the protection of the interest of the minority.

Limitations of the substance law, as provided by the F. O. I. A. the proper secreting and subjection to meticulous study and analysis and its limitation in comparative analysis with other similar Common Wealth Anglophone jurisdictions. What basics should be contained in the Act for its proper implementation and which is not contained thence considering its similar legislation in other jurisdiction of common wealth Anglophone Countries. Comparison with similar acts in common wealth countries such as that of Ghana, access to information Act of Sierraleone etc.

Future changes capable of limiting or eliminating the Freedom of Information Act like the intervention of the military in cases of prevalent political uses or anarchy, corruption and other related challenges resulting into the military administration which do not acknowledge fundamental rights of individuals and the need for the freedom of the press expression as provided by 1999 Constitution. Section 39.The extra constitutional system of government which could suspend or modify the 1999 constitution or the modification, consequence of which would do away with the freedom of the press of expression and other basic fundamental rights, other non- military extra constitutional system of government like fascism, totalitarianism, authoritarianism, Nazism etc. where an individual has no fundamental rights and are not allowed to contribute in their governance and where the government owns the individuals as its properties, here, there is no fundamental right and consequently no freedom of information Act. Other limitations and challenges facing the implementation of the Act like deviation of the mass media and political parties conflicting interests and partisan  politics and mischievous acts of politicians limiting the implementation of the F. O. I. A. and adequate remedies which would and in the proper implementation of the freedom of information Act 2011. Such as legislation aiding the implementation and the administrations of the act, discipline and fight against corruption, adequate separation of powers and doctrine of checks and balances to ensure that the system (i.e political system) is free from being dominated by one arm or organ of government and ensuring that each arm or organ of government does not exceed the powers allocated to it by the constitution on the basis that power corrupts and absolute power corrupts absolutely and by separation of powers, preventing dictatorial tendencies capable of dominating the implementation of the F. O . I. A. and emergence of the dictators.

In the comparative analysis of the jurisdiction of the F. O. I. A. 2011 in Nigeria and American jurisdiction and Canada jurisdiction as similar Anglo-phone Common Wealth Countries.

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