Reports
Court Orders Buhari, Osinbajo To Disclose Names Of Suspected Looters
“SERAP also argues that Nigerians are entitled:
– to the right to truth derived from the obligations of the government to carry out an investigation of violations of human rights and crime of corruption committed within its jurisdiction;
– to identify, prosecute and punish those responsible; and,
– to ensure that victims have the simple and prompt recourse for protection against violation of fundamental rights, as well as to ensure transparency in public administration.”
“SERAP believes that the right to truth allows Nigerians to gain access to information essential to the fight against corruption and in turn development of democratic institutions as well as provides a form of reparation to victims of grand corruption in the country.”
“Publishing the names of public officials involved could go a long way in preventing senior public officials from turning the public treasury into a private cashbox.
“SERAP argues that the public interest in publishing the names of the high-ranking government officials from whom funds were received outweighs any considerations to withhold the information, as there would be no prejudice against those whose names are published as long as the information is appropriately framed and truthful.”
“There is a general public interest in promoting transparency, accountability, public understanding and involvement in the democratic process.
“While the government in some limited cases can legitimately place restrictions on the public’s right to access certain information, attempts of the Nigerian authorities to justify the total closure of information related to the names of public officials from whom funds were recovered on the basis of “ongoing criminal investigation” and “presumption of innocence goes far beyond the limitations allowed under international law, and would promote secret recoveries.”
“The information being requested is not related to detailed investigatory activities of anticorruption agencies regarding the recoveries so far made.
“Similarly, the mere fact that the information being requested is related to ongoing investigation does not necessarily mean that the information could not be disclosed.
“In addition, governmental agency has the obligation to prove that the disclosure of the names of public officials would disrupt, impede, or otherwise harm the ongoing or pending investigations or presumption of innocence.”
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