ISSN 2979-8582 · Article No. 054
Dr Henry Okolie Onyebuolise: Law, Delta State University Abraka, Nigeria, ²Law,Southern Delta University Ozoro, Nigeria
Dr Kenneth Owighose Odhe: Law, Delta State University Abraka, Nigeria, ²Law,Southern Delta University Ozoro, Nigeria
The Official Secrets Act of 1962 serves as Nigeria's main legal structure for safeguarding confidential government information, but it is infrequently implemented through criminal charges. The article explores the assertion that the Act is an inactive piece of legislation by tracing its colonial roots, evaluating its main provisions and penalties, and reviewing its usage since independence. It contends that although the Act is regularly used administratively and as a justification for rejecting freedom of information requests, the discrepancy between its wide application and its scant prosecutorial use leads to legal ambiguity and compromises openness. The study assesses the implications of this dormancy for accountability, journalistic freedom, and national security using legislative analysis, documented examples, and the conflict between the Act and the Freedom of Information Act. It concludes by exploring potential reform strategies, such as implementing a public interest defence and ensuring consistency with both constitutional and international standards.
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This article is published under the Creative Commons Attribution 4.0 International License . Free to read, share, and adapt with attribution.
British Journal of Contemporary Research
Open Access · Peer Reviewed · Published by Bexford Publishing Ltd
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