Government’s
failure over the years to publicly disclose details of recovered looted funds
is a breach of the fundamentals of transparency and accountability. More
importantly, the efficacy of Freedom of
Information Act (FIA) 2011 has been proven beyond all doubts with the case
brought by a pressure group, the Socio-Economic
Rights and Accountability Project (SERAP), whose suit against the Federal
Government has led to the judgment by Federal High Court, Lagos in insisting on
full disclosures.
Good enough,
the specific details government must publish publicly are well spelt out and
include such important issues as the total amount of stolen funds recovered,
the total amount that has been spent from the recovered stolen funds, and
details of the projects on which the recovered stolen funds were spent. These
specifics must be taken as minimum and if breached should result in contempt of
court with its attendant consequences. Beyond the minimum, government should
include, names of individuals or groups from whom the funds were recovered, the
names of the countries that the funds were repatriated from and other vital
details.
There is
hardly any doubt that if the government honestly and transparently provides
such information as now directed by the court, most citizens would be
encouraged to feel justified in their confidence and trust in the current administration.
While publication of the required details is, therefore, a good chance for
President Buhari’s government to garner improved goodwill from local and
international interests, failure to undertake the publication is a potential
reputational risk in addition to being an outright disobedience to the laws of
the land.
It is,
however, necessary to ask why the Nigerian government had to wait until a
judicial pronouncement was made before complying with the Freedom of
Information Act (FIA). That law is clear on what government and its officials
should do when requested to make information available. Why was it so difficult
or impossible for it to accede to the request to provide information on
recovered stolen funds? Whose interest was it serving or protecting in refusing
to accede to the request before the SERAP went to court?
Many times,
governments in Nigeria behave as if in attending to legitimate needs of the
citizens they are doing the people favours. And most times, they carry such
misbehaviour too far, as in the case that brought about the stated judicial
pronouncements. In the current case, there is merit in asking why the Attorney
General and Minister of Justice allowed the Federal Government to even proceed
to court to engage SERAP on a case whose outcome was predictable, even by a
layman. Was the AGF not aware of the FIA or was he an outright mischief maker?
What these
bring out is the need for government functionaries at all levels to pay
attention to the needs of the citizens without bias and to exhibit knowledge,
professionalism, expertise and empathy, at all times. They should always tell
their masters the truth, notwithstanding any personal risks. That way
government will be saved avoidable embarrassments. As it were, by embarking on
the needless legal battle, government only succeeded in wasting scarce public
funds and dragging its image into disrepute.
Now, that
the government and those who advised it against the provision of information on
recovered stolen funds have been shamed, in the spirit of accountability and
transparency, the specified details covering all recovered looted funds should
immediately be made public. It is important to emphasise that such a
publication should be on individual government basis and not lumped together to
cause ambiguities and confusion.
No doubt,
the judicial directive may put officials of past governments on collision
course with the present one, if the past ones either mismanaged the recovered
funds or did not maintain proper records and are now being required to provide
the required details. The importance and essence of the decision of the court
must not be trivialized or made to overheat the polity.
Nevertheless,
inability or unwillingness of any person or group that ought to provide
required information for publication should be handled with the law and due
process. Although most litigants in this jurisdiction are slow or unwilling to
accept legal defeat, irrespective of how pointedly clear and justified the
judgments may be, the case that brought about the directive to the Federal
Government, must be seen as one not for the appeal court as that would be
tantamount to further waste of public funds.
Finally,
SERAP has bailed Nigerians out of executive impunity and insensitivity and it
deserves kudos for proving that Nigerians have come a long way and are matured
to demand, through civilised means, accountability from their leaders. (Guardian)
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