09

Jun

2008

Who’s afraid of information? PDF Print E-mail
By Okey Ndibe
09 June 2008

Who’s afraid of information?
By Okey Ndibe 


Last week was an excellent one for Nigeria’s tribe of thieves, money launderers and raiders of the public treasury. First, the House of Representatives squelched the Freedom of Information Bill without as much as weighing its merits. Then the Senate, after its accustomed wretched approach to its constitutional mandate, confirmed Mrs. Farida Waziri as the new head of the Economic and Financial Crimes Commission. 

Anybody who wishes to understand why corruption thrives in Nigeria need look no further than the consistent misfortune of the Freedom of Information Bill. Access to information—by the press as well as the citizenry—is a bulwark against graft and sundry abuses of public office. Armed with information on the doings of public officials, elected as well as appointed, citizens are empowered to act as auditors. But the members of Nigeria’s House of Representatives chose to go to war against this goal. 

I spoke to a member of the legislature in Abuja shortly after learning about the not-unexpected outcome. “Why,” I asked, “would this important bill be treated with such levity?”  

He guffawed, then responded: “My brother, many of the members are looking forward to becoming state governors in three or seven years. Why should they spoil show for themselves?”  

It was painfully straightforward—another instance of narrow desire driving public policy. “What a shame!” was all I could muster. 

A Freedom of Information Act is a mechanism that enables citizens to ensure that public office holders remain accountable. By invoking such a law, the press, civic groups as well as citizens would be able to obtain facts and figures pertaining to affairs of governance. Other societies that aspire to greatness have long recognized such access as one of the defining attributes of a truly democratic society. The principle is that occupants of high public office are, properly understood, servants of the people, and must discharge their duties in a manner consistent with the public good, not their narrow interests.  

Former President Olusegun Obasanjo proclaimed his administration to be engaged in a war against corruption. Umar Yar’Adua, the man Obasanjo selected to take over the job, has told the world that the war goes on, unabated. Obasanjo received an FOI bill, but at first denied ever seeing it, then used a variety of semantic somersaults to justify not signing it into law.  

Yar’Adua, it seems, won’t even face the awkward trouble of having a similar bill land at his desk. Both at the Senate as well as the House, any effort to resuscitate the bill has so far collapsed.  

Nigeria is marching on to a “war” against graft, but refuses to arm itself with a Freedom of Information Act. It is an anomaly, akin to a general taking his troops to a battlefield with no weaponry except for bare hands. Such an army, unless its opponents are a group of kindergarten soldiers with toy guns, is bound for decimation.   

The case for greater access to information is well founded. Nigeria does not hold a monopoly on corruption, but the country has been particularly devastated by the quick-fingered impulse of its public officials. The size of its wealth factored in, Nigeria deserves to boast one of the best infrastructures on the continent. Instead, it is now regularly bracketed with the poorest, often war-torn, countries. Its social indices often slip behind those of such countries as Ghana, Senegal, and Uganda.  

There is a direct relationship between the deterioration of Nigeria’s public utilities and social development and the rapaciousness of Nigerian politicians, military as well as civilian. Nigerian politicians are fond of stating, as a rationale for seeking public office, that “my people asked me to come and serve.” In actuality, they serve, not their people, but themselves. They become instant dollar millionaires by contriving to pocket “security votes” that have nothing at all to do with security as well raiding the budget for roads, health, education and other sectors.  

Part of the reason Nigerian politicians invest everything—money, violence, rigging—in their bid for power is that the personal stakes are so high—and profitable. Once established as president, governor, local government chairman or legislator, it’s open season on the public treasury. Instead of moving their state or the nation forward, as they all too readily promise when on the campaign trail, they fast-forward public funds into their private accounts as well as those of their proxies. And one of the perverse facts of this arrangement is that public officials hardly pay for their treachery and grasping.  

Nigerian jails overflow with men and women convicted of pick pocketing and other petty crimes. By contrast, politicians who acquire assets, in Nigeria and abroad, far in excess of their legitimate earning, end up being festooned with chieftaincy titles that ought to be renamed “thieftaincy” titles. In many instances, they also “bag” national honors as well.  

The unfair equation cries out for rectification. To his discredit, former Governor Ahmed Yerima of Zamfara approved the amputation of a man’s hand for the crime of stealing cattle. But the same former governor has been less than willing to step forward to answer an elaborate EFCC rap sheet. To ensure that his own troubles go away, he has taken to attending the campaign rallies of the ruling PDP, even though he holds his senatorial seat on an opposition party’s platform.      

Why did the House of Representatives refuse to consider the FOI bill despite its self-evident merits? The simple answer is that the representatives tossed out the bill precisely because of its self-evident merits.  

When politicians are driven by greed, they won’t be in a hurry to hand any watchdogs a tool with which to shine a light on official acts of perfidy. Leeches and parasites masquerading as public officials are apt to be hostile to any statutory guarantee of access to information. Openness is inimical to the grave designs of the men and women whose specialty is to bankrupt the nation, materially as well as spiritually. Such nefarious agents prefer to play in the dark.  

And let’s be clear: as one of their colleagues confessed, the legislators in Abuja are as much invested in the retention of the current system as the members of the executive arm. Anything that fertilizes corruption is good for many a lawmaker whose sights are fixed on self-enrichment. 

My bet is that not a single member of the House who voted against the FOI bill was unaware of its salutary import for enthroning accountability and deepening democracy. But this legislature is a product of a contemptible election, and its members have excelled in legislative indolence. The one exception—the thing that wakes them up—is when they consider their own salaries and perks. Perhaps Nigerians are saddled with the most expensive do-nothing legislature in the annals of lawmaking.  

Much as the lawmakers deserve excoriation for hiding behind specious arguments—among them, that the sponsors of the access bill adopted a bellicose posture and came across as poor marketers—it ought to be pointed out, too, that many members of the Nigerian press have lost sight of the sacred nature of their calling. Reporters and editors who place themselves at the service of corrupt politicians and interests becloud their moral judgment, undermine professional ethics, and weaken public trust. Odds are that such professionally unsound elements, if handed access to information, would make a mess of it. And such people have given ammunition, unfortunately, to the opponents of a law guaranteeing access to information. 

By confirming Mrs. Waziri as the leader of the increasingly quiet EFCC, the Senate acceded to Yar’Adua’s poor judgment. At her Senate confirmation hearing, the new EFCC head seemed to have impressed her screeners by promising to “step on toes”. It is one thing to say it, quite another to do it. There’s lingering suspicion that some serving and former public officials who have active files at the anti-corruption agency pushed Mrs. Waziri’s nomination. This has fueled the speculation that Mrs. Waziri’s real job specification is to act as an undertaker, working to emasculate the EFCC. She and those who championed her must know that Nigerians and the world are watching, and won’t be easily fooled.  

She faces two challenges. One is to sustain the prosecution of the cases the agency has taken to court. The other is to reinvigorate the anti-corruption crusade by moving against other corrupt suspects, including many who served in Obasanjo’s administration. Anything less could spell trouble for her reputation, the agency’s mandate, and expose the purpose of those who hired her.

 



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RobotRobot is offline

 # 1 | 09.06.2008 14:58

Anybody who wishes to understand why corruption thrives in Nigeria need look no further than the con...Read the full article.

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docokwydocokwy is offline

 # 2 | 09.06.2008 15:21


Ohanaeze blames North for FoI impasse
FROM LAWRENCE NJOKU, ENUGU

Apex Igbo socio-cultural organization, the Ohanaeze Ndigbo rose from her meeting in Enugu, yesterday urging the speedy passage of the Freedom of Information (FOI) Bill, just as it declared that the delay in passing the bill was part of the northern agenda to hold political control of the country.


It said those against the passage of the bill might have realized that it would expose shoddy deals that go on in government and, as such, would continue to truncate efforts in ensuring that it received speedy passage.

Ohanaeze said when the bill is passed; Nigerians could now have the opportunity to make certain inquiries about government, adding that the bill would serve federal government's war against corruption, especially in high places.


At the meeting were former Enugu governor, Okwesilieze Nwodo, Rear Admiral Alison Madueke, Prof Ben Obumselu, Chief Ralph Uwazulike, Prof Offiah Nwali, Prof Uche Azikiwe, Prof Pita Ejiofor, Prof J.C.Ogbonna and Major General JOJ Okoloagu rtd, among others.


Up southern ''Nigeria'' (for lack of a name yet), up Biafra, up Odu'a, up Niger Delta, down, down, down, Nigeria. There is every reason to sound the death knell on Nigeria. Where are those fake nationalists? :D:D:D:D

MEND, please roll out your arsenal and extinguish the bas-tards

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BejimBejim is offline

 # 3 | 09.06.2008 16:07

Sometimes I wonder whether Nigeria's rulers really believe in the long term viability of Nigeria as a country. Or why should they only scheme and care for their own selfish benefits even when destructive to the Nigerian nation that they profess to serve. For how much longer must we rigmarole before we get down to building a nation that will work and that we can truely be proud of. Nigeria has lost so many opportunities but, unfortunately, we seem not to mind. I feel very sad that there is clearly no hope for Nigeria with its present composition of power wielders.

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NkireNkire is offline

 # 4 | 09.06.2008 16:37

Where is the outrage?

Villagers:
While we are here contributing to this article and rightfully so, if I may add, are we thinking through what is actually going on now, even as we write and argue? Who amongst us would have hazarded a guess that Nigerian oil could sale for $75 a barrel, $80, $90, $100, $120, $130?

If this much money is accruing to Nigeria at close to 2 million barrels per day, where is the evidence on the ground? If the Nigerian budget was prepared and passed into law based on a projected revenue of $60 a barrel, what is happening to the excess revenue (windfall) arising from the current boom engendered by the current global energy crisis? Where are the major federal highways that should be under construction running east to west, north to south and mid-way and in-between? Where is the positive doubling change in megawatts of electricity that is being generated? Where, what, how goes this unprecedented increase in revenue accruing to all levels of governments in Nigeria?

Are we nuts?

In the life of any nation-state, once in a while something happens – an opportunity presents itself, light shines upon the face of the country, the stars re-aligns for the country’s well-being. Generally, serious nation-states recognize the change in the fortunes and take advantage to the nth degree. History of great nations is replete with these changes in fortunes. Nigeria is at that fork on the road with this windfall. What are we going to do with it? In another five to then years, reliable alternative sources of energy will emerge, which will reduce the influence of the black gold in world political economy. This is Nigeria’s last chance. What is the plan for this unexpected windfall?

If Nigeria fails to make good with this manna from the Heavens at this time AND if no one or a group rises up to cleans out the corrupt ruling class from every ethnic enclave, may the gods punish Nigeria, may winds gusting at 300 miles per hour come and sweep her and her coward inhabitants off the face of the earth, may a Tsunami emerge from the beaches of Lagos Lagoon and sweep through the hinterlands and prairie to the Sahara north and to the Atlantic south. If the Nigerian-super state fails to reconstruct and rehabilitate every region with this new found wealth, then Nigeria is not fit be a country and her citizens does not deserve mercy. What is happening right now is as much mercy as she is going to get!

How does any one justify 4,000 megawatts of electricity for 140 million people? If Nigeria and Nigerians were serious people, the entire place will be a bee-hive of all manners of construction right now, employing our unemployed youth and teaching them how to build and maintain road networks, railways networks, sewage and drainage systems, waterways, water treatment plants and distribution systems, health and ambulatory services, electrical power generation and distribution systems, waste management and disposal and systemized urban planning agenda to reorganize our cities and start a system of village squares and local government fair grounds for institutionalizing a modern Nigerian way of life that starts at the bottom in our towns and village to the cities. In the words of Senator Barrack Obama, this is our moment – Nigeria’s moment to finally get it right and pull herself together.

The lack of outrage at Nigeria’s snail pace development on the face of this seemingly inexplicable sudden wealth is an outrage on its face beyond words. What is going on? Can’t we all get it? Why the silence? Is there a hidden plan? Am I just the Jeremiah crying in the wilderness? In the words of former Senator Robert Dole, “Where is the outrage?" The amount of money that is accruing daily to Nigeria is unimaginable, yet we still have our family members in Nigeria calling us in the dead of night for dollars, even as we grapple with $5 a gallon gas here. In this Square, I read a lot of anger about Nigeria, some justified, some not so much. Can there ever be a more appropriate time to be angry about Nigeria than right about now? Will this be like another Gowon with the foolish mantra: All this money, what to do? The slow pace of Yar-Duah essentially means: Nigerians will soon forget that all these additional monies came our way in a few years time, equivalent to the Gulf war windfall under Babangida that came to naught, just watch!

Again, if this broken house called Nigeria is not fixed with these manna-like riches, equivalent to gambling wins, we should stop talking about Nigeria because she should be dead, we should pull down this village square or change the name because the brand would no longer suffice, the place called Nigeria should become like a planted tuber yam that must first rot to the head before a young tendril can have the oxygen to erupt, hopefully to metamorphose into something that is patently and manifestly un-Nigerian.

Cheers,

Nkire

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udokaamahudokaamah is offline

 # 5 | 09.06.2008 19:19

"...But the members of Nigeria's House's of Representatives chose to go to war against this goal...Both at the Senate as well as the House, any effort to resuscitate the bill has so far collapsed."

The above statements are factually inaccurate.

The FOI Bill merely suffered a setback at the House of Representatives. The setback is technical. The Deputy Speaker of the House Hon. Usman Nafida urged Hon. Abike Dabiri, the bill sponsor, to postpone a Clause by Clause consideration of the bill to a subsequent date. Abike Dabiri objected. Usman Nafida thereafter asked for a voice vote if the Committee "should take the Bill in the Committee on the whole." The "Nays" prevailed. Accordingly the FOI Bill is not "dead" needing any form of "resuscitation". Abike Dabiri has had some difficulty coalescing with other House members on this important bill. Interestingly, the FOI Bill is referred to as "Abike's bill" at the House. It is almost certain however that the bill will pass.

At the Senate, the senate version of the FOI Bill was unanimously passed at the Second Reading on a bipartisan basis on 30th January, 2008. The bill has 25 joint sponsors cutting across all political parties.

It remains to be seen if the FOI Bill becomes the silver bullet that it is hailed to be. Nigeria has ratified the United Nations Convention Against Corruption (UNCAC), The African Union Convention on Preventing and Combating Corruption, and the ECOWAS Protocol on the Fight Against Corruption.

Article 9 of the African Union Convention on Preventing and Combating Corruption states that " each state shall adopt such legislatures and other measures to give effect to the right of access to any information that is required to assist in the fight against corruption..."

Article 13(b) of the United Nation Convention against Corruption, Article 5(i) of the ECOWAS Protocol on the Fight Against Corruption requires states to take measures to ensure effective public access to information. And section 36 of the 1999 constitution guarantees the right to freedom of expression, which has been ruled by the courts to include the right to receive information.

If the FOI Bill is solely a legislation to guarantee access to public information to help combat corruption, i argue that Nigeria is not lacking in substantive legislations on those. We have plenty laws guaranteeing access to public information in the books already. It has not been used.

I welcome the FOI Bill.The foibles of representative democracy has bruised the passing of this bill since its introduction in 1999. Some of its strongest critics have been the private sector due to privacy concerns. The scope of the bill includes not only government agencies, but also the private sector and multinational corporations. In addition the impact of the bill on other existing legislations like The Official Secrets Act and the Criminal Code which have provisions prohibiting access to certain sensitive state and personal information, is uncertain.

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PAPIGPAPIG is offline

 # 6 | 09.06.2008 20:22

A WORTHY CAMPAIGN? THIS IS ONE!

Well done Okey Ndibe. If there is another campaign worth our attention and effort, this is one. Having the freedom of information in our statute is a task that must be done if we are to be taking seriously in our fight against corruption, ensuring transparency and accountability in government including genuine human rights for all, with a view to freeing our people from self-inflicted (sorry, i meant leadership-inflicted) grinding poverty and servitude.

Do we think this bill would be passed by our tainted law-makers without we the people breathing down their neck to put it politely? Who go like pour sand sand for im gari?

And do not for once dream that the opposition to this bill in one guise or the other as already shown above within this village and the larger Nigerian polity would not be characteristically robust. It is one fight we owe our suffering people and one we cannot afford to lose especially as the EFCC is being decimated in 'our very before' and some are telling us to forget the past as it relates to authority stealing.

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i-go-betteri-go-better is offline

 # 7 | 10.06.2008 07:55

When British Airways treated FEW Nigerian travelers with disgust recently, the resultant outrage was so overwhelming that even the comatose Nigerian goverment took notice.

Question is, why is the man made calamity in Nigeria, which is adversely affecting millions of Nigerians not receiving similar clarion call to outrage?

Even if we all fail to collectively fight these rogue leaders because of our ethnic/religious/political affiliations, this FOI-Bill does not belong to any colouration and so must be fought with unfittered oneness and vigor!

After his one year in office, many Nigerians (the happiest people on earth!) claimed the president had done well. There are two types of silence; one depicts POSITIVE NEUTRALITY, while the other is that of GRAVEYARD which happens to be a permanent silence. This government is moving Nigeria inextricably from the former to the latter.

Time to act to save this drift is NOW starting with this FOI-Bill.

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ELAWALOELAWALO is offline

 # 8 | 10.06.2008 09:29

@ I go better

The reason why we are not responding with outrage to the "man made calamity" in Nigeria is because ....

1) We are Sensationalists ... We latch on like leeches to sentiments and not issues. Our history is replete with examples .. i.e June 12, our moribund Aviation and Energy sectors, etc etc (The list is mind boggling and endless need I bring up old scores?)

2) The Incendiaries, Bandits, Charlatans, Mindless Cretins & Confusionists in our midst, all aim to maintain status quo - a dysfunctional nation. Unfortunately these bunch of whom consistently have the most clout in our present and past political climate have tragically had the last laugh to the detriment of the suffering majority... How low can we go ?

3) Ignorance is Darkness ... We hate to admit it, but collectively we are in the dark. Ignorantly we blame the absence of Leadership for our woes as a country. I have heard this rant countless times, however in truth every Nigerian has leadership responsibility, which in simple terms translates to how effective we are collectively and individually...

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NWANZANWANZA is offline

 # 9 | 10.06.2008 10:30


Why did the House of Representatives refuse to consider the FOI bill despite its self-evident merits? The simple answer is that the representatives tossed out the bill precisely because of its self-evident merits.

When politicians are driven by greed, they won’t be in a hurry to hand any watchdogs a tool with which to shine a light on official acts of perfidy. Leeches and parasites masquerading as public officials are apt to be hostile to any statutory guarantee of access to information. Openness is inimical to the grave designs of the men and women whose specialty is to bankrupt the nation, materially as well as spiritually. Such nefarious agents prefer to play in the dark.

And let’s be clear: as one of their colleagues confessed, the legislators in Abuja are as much invested in the retention of the current system as the members of the executive arm. Anything that fertilizes corruption is good for many a lawmaker whose sights are fixed on self-enrichment.



It is obvious these guys want to keep Nigeria in darkness, and at the same time playing to the gallery by probing the energy crises. With the passage of FOI bill, Nigerians will have the same information to make decision.

It is equivalent to your doctor hiding or not revealing your illness when you are facing a terminal illness. That physician would loose his license to practice medicine. House of Representative do not have locus standi to make noise about the Energy scandal.

Where is the so called integrity group?

My fellow citizens "This is the most important bill in the last 9 years"

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mulanmulan is offline

 # 10 | 10.06.2008 10:46


=udokaamah;4295053248>

The FOI Bill merely suffered a setback at the House of Representatives. The setback is technical. The Deputy Speaker of the House Hon. Usman Nafida urged Hon. Abike Dabiri, the bill sponsor, to postpone a Clause by Clause consideration of the bill to a subsequent date. Abike Dabiri objected. Usman Nafida thereafter asked for a voice vote if the Committee "should take the Bill in the Committee on the whole." The "Nays" prevailed. Accordingly the FOI Bill is not "dead" needing any form of "resuscitation". Abike Dabiri has had some difficulty coalescing with other House members on this important bill. Interestingly, the FOI Bill is referred to as "Abike's bill" at the House. It is almost certain however that the bill will pass.

At the Senate, the senate version of the FOI Bill was unanimously passed at the Second Reading on a bipartisan basis on 30th January, 2008. The bill has 25 joint sponsors cutting across all political parties.




Udoakamah,

Thanks for the information.

Do you know if the FOI Bill is a private bill by Abike? Which House of Rep Committee is handling it? Which Senate Committee handling the Bill?
 

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