Together with four other concerned Nigerians, the Socio-Economic Rights and Accountability Project (SERAP) has sued President Bola Tinubu’s administration in the ECOWAS Court of Justice for not disclosing the forensic audit report on the Niger Delta Development Commission (NDDC).
According to the report, between 2001 and 2019, senior government officials and politicians are accused of embezzling N6 trillion.
The late former President Muhammadu Buhari requested a forensic assessment of the NDDC’s activities in 2019 in response to complaints of big corruption. The wife of a former minister allegedly raised N48 billion over a 12-month period “to train Niger Delta women,” according to recent allegations made by Nyesom Wike, the Minister of the Federal Capital Territory (FCT).
Ben Omietimi Tariye, Princess Elizabeth Egbe, Chief Jude Igbogifurotogu Pulemote, and Prince Taiwo Aiyedatiwa are the four Nigerians involved in the lawsuit.
The plaintiffs are requesting: “a declaration that the Nigerian government’s failure to publish the NDDC forensic report amounts to a fundamental breach of the country’s international human rights obligations” in the case registered last Friday before the ECOWAS Community Court of Justice in Abuja under suit number ECW/CCJ/APP/35/25.
“An order directing and compelling the Nigerian government to publish and ensure access to information to the NDDC forensic report which has been submitted to the state but remains shrouded in secrecy” is what the plaintiffs are requesting.
Additionally, the plaintiffs are requesting “an order directing and compelling the Nigerian government to adopt and ensure effective measures to address transparency and accountability gaps in the execution of public funds budgeted for the NDDC.”
“We have a right to know the truth regarding the corruption allegations in the NDDC forensic report, and the Nigerian government has violated that right. By preventing the report from being published, the accusations made in it are being covered up and impunity is being perpetrated.
The public’s right to open access to information and to know what governments are doing on their behalf is implicit in freedom of expression; without it, the truth would linger and people’s involvement in politics would continue to be divided and unreal.
“The NDDC forensic report has not been published by the Nigerian government, and it has not given the plaintiffs or the Nigerian public any explanation or justification for doing so.”
Since the NDDC forensic report is a part of the freedom to seek, receive, and disseminate information of any sort, the Nigerian government is legally required to guarantee and ensure transparency and access to information.
“There is an overriding public interest in the publication and disclosure of the NDDC forensic report,” writes Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo, the attorneys for SERAP and the four concerned Nigerians, in their lawsuit.
“The Nigerian government’s persistent refusal to provide the NDDC forensic report damages the rule of law, infringes upon the plaintiffs’ other rights, and prevents the plaintiffs from thoroughly examining the report and holding the government accountable.
Since transparency, accountability, and human rights are topics covered by the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, the information sought is not classified for national security reasons.
Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights both provide the fundamental human right of access to public information, which the Nigerian government is obligated to uphold, advance, and guarantee. There are two human rights treaties that Nigeria has ratified.
The Nigerian government is obligated to grant the plaintiffs access to the NDDC forensic report that is in its custody and control under Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.
According to the NDDC forensic report, “the plaintiffs have the right to participate in matters of public interest, such as pursuing accountability and justice for victims of corruption.” Information access is a fundamental instrument for fostering citizenship.
“These issues of public interest are among the principles that underpin the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and other human rights treaties to which Nigeria is a state party.”
By having access to information about the NDDC forensic report, the plaintiffs would be able to effectively exercise their human rights and hold the Nigerian government responsible for the accusations made in the study.
Additionally, making the NDDC historical report available to the public would encourage democratic engagement and provide the people the ability to hold the Nigerian government responsible and combat corruption in the nation.
The principles of maximal transparency and good faith must be adhered to by state administration, including the Nigerian government, in order to ensure the full and efficient exercise of the right to access information.
According to Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, the right to information is guided by the principle of maximal disclosure.
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“The maximum disclosure principle advocates for a legislative framework where access and transparency are the norm and are only subject to stringent and restricted exceptions. Secrecy is the exception, while the right to obtain information is the rule.
“Access to information is not always guaranteed; there may be restrictions on it.
The requirements established from international human rights law, which state that limitations must be exceptional, legally codified, founded on a legitimate objective, and necessary and proportionate for attaining that aim, must be met precisely by these limitations.
But the exceptions shouldn’t become the norm; they should consider that information access is the rule and concealment is the exception.
It is the responsibility of the Nigerian government to prove that restrictions on the dissemination and availability of information about the NDDC forensic findings are in line with both international human rights norms and the nation’s associated legal requirements.
Since the Nigerian government owns and controls the NDDC forensic report, it is imperative that the state refrain from using arbitrary and discretionary measures to impose limitations on the right to transparency and information.
The plaintiffs’ right to a legal remedy has been violated, and the denial of access to information on the NDDC forensic report is incompatible with the requirements of the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.
However, there is no set date for the suit hearing.
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