By Femi Falana
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Femi Falana
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In January this
year, Channels Television broadcast disturbing stories on the dilapidated state
of the Ikeja Police College. Embarrassed by the disclosure, President Jonathan
paid an unscheduled visit to the college.
The authorities
decided to sack the Police Commissioner in charge of the college for allegedly
allowing the Channels Television expose. We dared the authorities to remove the
police officer. However, sanity prevailed. The plan was dropped while the
renovation of the college was approved.
Having not learnt
any lesson from the shameful episode, the federal government is currently looking
for those who leaked the story of the scandalous amoured cars for the Aviation
Minister, Ms Stella Oduah.
Having not challenged
the story on the N225 million armoured vehicles the threat to deal wit the
whistle blowers credited to Captain Fola Akinkuotu, the Director General of the
Nigerian Civil Aviation Authority (NCAA) is the height of official
insensitivity, arrogance and impunity.
The aviation minister and her
cohorts who should have been fired by President Jonathan have the temerity to
insult Nigerians by threatening to deal with those who leaked information on
their criminal activities.
Since Captain
Akinkuotu has not been properly advised in the circumstance he should be told
that by virtue of section 39 of the Constitution the citizens of Nigeria, in
and outside the public service, have the fundamental right to freedom of expression
including the right to disseminate information on public affairs.
As far back as
1983 the provisions of the criminal code pertaining to sedition had been
declared illegal and unconstitutional in Arthur Nwankwo v The State. In that
historic case the late Olatawura JCA (as he then was) cautioned public officers
thus:
“Those who occupy
sensitive posts must be prepared to face public criticisms in respect of their
office so as to ensure that they are accountable to the electorate. They should
not be made to feel that they live in an Ivory Tower and therefore belong to a
different class.
They must develop
thick skin and where possible plug their ears with cotton wool if they feel too
sensitive or irascible. They are within their constitutional rights to sue for
defamation but they should not use the machinery of government to invoke
criminal proceedings to gag their opponents as the freedom of speech guaranteed
by our Constitution will be meaningless.”
Indeed, in
addition to the guaranteed freedom of expression, access to official information
has since been liberalised under the current political dispensation. Thus by
virtue of the Freedom of Information Act, 2011 hoarding or hiding of
information in the custody of the government has become a criminal offence.
Incidentally, it was the Jonathan Administration which enacted the Freedom of
Information Act.
Specifically,
section 1 of the Act provides that the operation of the law shall be without
prejudice to the Official Secrets Act. Therefore, gone are the days when
public officials could be intimidated or sanctioned for leaking
information designed to expose corruption and abuse of office.
In the case of
Dododo v Economic and Financial Crimes Commission (2013) 1 N. W.L.R. (pt 1336)
468 the Court of Appeal held that a tax payer who is aggrieved by corrupt
practices or misappropriation of public funds cannot be described as a busybody
or meddlesome interloper. Since the whistle blowers in this case are civil
servants who tax payers they cannot be sanctioned for performing their patriotic
duty.
In the light of
the foregoing the Aviation Minister and the NCAA management should be removed
for engaging in grave economic crime and for exposing the federal government to
ridicule. Since the whistle blowers have not committed any offence known to law
they should ignore the provocative threats of Captain Akinkuotu. However, should
they be identified, sacked and charged to court we shall defend them pro bono
publico.
Mr. Femi Falana,
SAN, is a public interest lawyer in Lagos.
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