By Barr. Bello Galadi,
I read with keen interest the Public Notice you issued on 10th May, 2023 on behalf of the Zamfara State Government.
I am constraint to write you, so as to place issues in their proper perspective. This letter is private, not on the basis of my membership of the incoming- government’s transition committee. It is in the exercise of my right as an indigene of Zamfara State, as enshrined in Section 14(2)(a), Section 24(d) as well as Section 39(1) of the Constitution of the Federal Republic of Nigeria (1999 as amended).
Sir, you argued in the said Public Notice that “… some members of the incoming government transition committee are currently going round ministries and Departments of government collecting information and conducting investigation into the activities of the MDAs, which is illegal and tantamount to running a parallel government”.
With greatest respect to you sir, this argument is baseless. In my humble opinion, mere request for information or conducting investigation does not amount to running a parallel government.
The sub- committees simply requested for information from the MDAs. Nothing more, nothing less. There is no established evidence that they issued directives or orders to any MDA or did anything capable of usurping the powers of the sitting governor.
It is therefore a fatal misconception of the law on your part to hold that mere request for information is equivalent to operating a parallel government.
You also argued in the said Public Notice that any attempt by the sub- committee to investigate any MDA before taking over government on 29th May, 2023 is illegal. This argument is also baseless.
To the best of my knowledge, there is no law that prohibits the sub- committees from conducting investigation into the affairs of the MDAs, in line with their terms of reference. I stand to be guided, even a sitting governor can be investigated at any time. His immunity under Section 308 of the Constitution is limited to civil and criminal proceedings and does not extend to investigations.
Sir, in the last Paragraph of the said Public Notice, you sternly warned all the MDAs “to desist from issuing any information to anybody without the consent of the main transition committee appointed by government”.
With greatest respect to you, this warning is misplaced. Public information is not exclusive preserve of government.
By Section 1(1) of Freedom of Information Act, 2011, any person has the right to request for public information in possession of any public official, unless that information IS CLASSIFIED or contrary to The Official Secrets Act.
With or without demonstrating any specific interest in the information, a public official is obligated to give such information as demanded. See Section 1(2) FoIA, 2011.
One can request the information even orally. See Section 3(4) FoIA, 2011.
By Section 4(a) & (b), FoIA, 2011, any information requested must be given by the public official within seven (7) days of the application.
It is a criminal offence for a public official to refuse to give public information once demanded, and is liable on conviction to a fine of N500, 000.00. See Section 7(5) FoIA, 2011.
By Section 27(2) FoIA, 2011, no public officer is liable for giving information without authorization, once the information will expose mismanagement of public funds, gross waste, fraud or abuse of office.
Sir, your warning to the MDAs will certainly do more harm to the system than good. At the long run, the public officials in possession of public information will be put in dilemma: whether to comply with your warning or to respect the clear and unambiguous provisions of the law.
With all sense of humility, you created this problem, you should therefore take lead in devising solutions to it, by issuing another Public Notice and direct all the MDAs to cooperate with the sub- committees of the incoming government’s transition committee, for seamless and smooth handover and takeover of government ahead of 29th May, 2023.
Please accept the assurances of my sincere goodwill.
Galadi is a former Chairman of the Nigerian Bar Association (NBA), Gusau Branch (covering Zamfara State). He is the President of Bello Galadi Foundation.Heecan be reached on:
Muhammadbel_law@yahoo.com and muhammadbellaw80@gmail.com and twitter handle:@bello_galadi11
1th May, 2023
