WPFD 2016 ENDS WITH FINLANDIA DECLARATION

Access to Information and Fundamental Freedoms - This Is Your Right!

World Press Freedom Day, 3 May 2016

Recalling that the right to information and to press freedom arenintegral parts of the freedom of expression, and are fundamental to democracy and to other rights and freedoms;

Noting the new United Nations (UN) 2030 Development Agenda, and in particular Sustainable Development Goal (SDG) 16 to promote just, peaceful and inclusive societies, which includes key points relevant to press freedom, access to information, safety of journalists and the
rule of law.

Further noting SDG target 16.10 which is to “ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements”, and recognising
this target as directly relevant to achieving all other SDG goals and in particular SDG 5 on gender equality;

Welcoming the increasing number of countries who enable the right to information in national law, including in their constitutions, while  also noting that legal guarantees for the right still do not exist, or  face significant implementation challenges, in a number of UNESCO’s Member States;

Underscoring that universal access to information and to knowledge is central to the UN’s World Summit on the Information Society (WSIS) process, which reaffirmed freedom of expression and universal access
to information as cornerstones for the ambition of achieving inclusive Knowledge Societies.

Recognising that the right to information and its effective implementation can be strongly supported by UNESCO’s concept of Internet Universality and the principles of Rights, Openness,
Accessibility and Multistakeholder participation;

Recalling that as per the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, artistic freedom and cultural diversity is closely intertwined with freedom of
expression, which incorporates the right to seek and receive information;

Further recalling the initiative of the African Platform on Access to Information and Freedom of Information Advocates Network recognition of the day in 2002 and UNESCO’s subsequent 2015 Resolution declaring
28 September as International Day for Universal Access to Information;

Recognizing the importance of acknowledging the role of women journalists and the specific threats they face, including sexualized violence and online and offline harassment


Emphasizing that the right to information encompasses access to information held by or on behalf of public authorities, or to which public authorities are entitled by law, as well as to access to information that is held by private bodies in regard to the exercise of public functions.

Understanding that the right to information is critical for informed decision-making, for the right to participation in the conduct of public affairs, for monitoring of public actions and reducing corruption, and for enhancing transparency and accountability;

Recalling the concern in the 2010 Tenth Anniversary Joint Declaration of the UN Special Rapporteurs on Freedom of Expression that historically disadvantaged groups continue to struggle to have their voices heard and to access information of relevance to them;

Recognizing that the right is also vital to developing a free, independent and pluralistic media and essential to strengthening its capacity to counter hate speech, promote intercultural understanding, and fight radicalization and violent extremism;

Acknowledging that violations of the right to press freedom also have an adverse impact on the right to information, including by the arbitrary blocking of access to online information, restricting
expression online, and arbitrarily intruding on digital privacy, as well as the killing, kidnapping, enforced disappearance, arbitrary detention, torture, deportations and other violations of journalists,
associated media personnel, trade unionists and human rights advocates.

Welcoming initiatives to promote safety of journalists such as the 5th February UNESCO conference on safety as well as the call for a Special Representative on Safety in the Office of the UN Secretary General,
and the International Declaration on the Protection of Journalists and the Global Safety Principles and Practices.

Call on each UNESCO Member State

To reaffirm that press freedom and to information are essential for a free, independent and pluralistic media, and crucial to the advancement of human rights and sustainable development;

To reaffirm a commitment to create a legal, policy and institutional environment which ensures that people can receive public information, including by means of a constitutional right to information as well as
through statutory and institutional mechanisms for implementation;

To ensure that exceptions to the right to information, including secrecy rules, are allowed only insofar as they adhere to such principles of international human rights laws as legality, a legitimate purpose and necessity, and to ensure that there is transparency around the operation of such limitations;

To put in place strong systems for proactive disclosure of information, taking full advantage of Information and Communication Technologies (ICTs) and promoting, as far as possible, universal
access to the Internet as well as open data principles;

To direct the necessary attention and political will to ensure full implementation of right to information, including by addressing the culture of secrecy within government institutions;

To ensure that legal frameworks are in place to protect the identity of confidential sources of journalism against direct and indirect exposure,and to enact legislation to protect whistleblowers;

To protect in law and in practice the right of individuals to protect the privacy of their digital communications by using encryption technology and tools that facilitate anonymity online;

To ensure that any bans on publication, including blocking of Internet content, are in fully line with international standards in this area which require legality, necessity, proportionality and legitimate
purpose, and to promote net neutrality and universal access to the Internet;

To enhance the information environment by putting in place positive measures to promote media diversity, including the availability of a broad range of cultural expressions through the media, and the
inclusion of minority groups in the media landscape;

To adopt and support gender equality policies and programmes in implementing the right to information, and also utilize the UNESCO Gender Sensitive Indicators for Media in advancing the right to press
freedom;

To put in place effective safety mechanisms to monitor, prevent, investigate and punish attacks against journalists and others exercising their right to freedom of expression, in line with the
universally applicable target of SDG 16,  and the framework of the UN Plan of Action on the Safety of Journalists and the Issue of Impunity.

To promote the right to information through Media and Information Literacy programmes to support people to develop their capabilities to use the Internet as informed creators and users of information and
knowledge;

To preserve independence of public service broadcasting as one of the essential pillars of pluralism and access to information;

To co-operate with other actors to ensure annual commemorations of the International Day for Universal Access to Information every 28 September.

Call on civil society, journalistic actors and internet intermediaries:

To raise awareness and build capacity among policy-makers, journalistic actors, citizens at large and vulnerable groups in particular, about the right to information as a fundamental human right and how it can serve democracy and sustainable development;

To contribute to the dissemination of good practices and experiences showcasing the direct link between the right to information, ethical standards, quality journalism, accountable governance, media self
regulation, participation, curbed corruption and sustainable development;

To promote and support investigative journalism, including using data tools, and to raise awareness about the value of journalism in the implementation of the right to information;

To promote the safety of newsrooms and journalists online and offline through training, ICT applications, safety protocols and systems, as well the importance of confidentiality of journalistic sources in the
digital age;

For Internet intermediaries, to strengthen transparency about data retention and access policies;

To advocate monitor the implementation of access to information laws,
policies and practices;

To use the International Day for Universal Access to Information (28 September) to promote the right to information, along with the values of transparency and accountability.

Call on UNESCO:

To promote awareness about the right to information as an important human right, necessary for the enjoyment of other human rights, and essential for transparent and accountable governance and sustainable
development;

To highlight that the right to information can only be effectively exercised and implemented on the basis of laws which regulate this right in accordance with international standards;

To call for a multi stakeholder consultation process with the Member States aimed at strengthening this right through a possible statutory instrument and an implementation mechanism, confirming that access to
public information has been recognized within the framework of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights;

To contribute fully to the monitoring of the implementation of SDG 16.10, and to support innovative approaches to facilitate citizen involvement in this;

To report to the UN General Assembly on progress towards SDG 16 in the setting up, worldwide, of mechanisms to monitor, prevent, investigate and punish all attacks on journalism.

To continue highlighting the importance of the right to information for fostering universal, open, affordable and unfettered access to information and knowledge, and narrowing digital and knowledge
divides, including gender gaps;

To advocate for ICT policies guided by governance principles that ensure openness, internet access, transparency, accountability, multilingualism, inclusiveness, gender equality, net neutrality and civil participation including for youth, persons with disabilities, marginalized and vulnerable groups;

To promote the right to information through use of ICTs and open solutions for sustainable development and the understanding amongst cultures, fostering inclusion, tolerance and cooperation amongst societies;

To participate fully in celebrating the International Day for Universal Access to Information (28 September).


Open data movement bolsters press freedom across Africa

TOPIC: 


Stephen Abbott Pugh | May 03, 2016
The spread of mobile phones and connectivity across Africa offers opportunities and challenges for the way citizens discover and use information. If people have the skills and knowledge to harness them, open data and new technologies hold the keys to the media’s future.
Code for Africa is the continent’s largest network of civic technology and open data labs. We work with media partners to create actionable information for citizens that helps them in their daily lives. From checking if their doctor is dodgyto seeing if they are registered to vote, Code for Africa’s tools have been used in dozens of countries to help empower people.
How might technology be used in the coming years to further democratize the use of information and news across Africa? Our experts from Kenya and Nigeria set out their predictions:

Media freedoms in Kenya

by Catherine Gicheru, ICFJ Knight Fellow at Code for Kenya
Computers, the internet and mobile phones continue to change the way the world works, plays and communicates. In Kenya, there has been an exponential growth in ownership of mobile phones, reaching 88.1 percent penetration in September 2015. With 21.6 million internet subscriptions, about 74.2 percent of Kenyans now have access to internet services.
The advance of new media and technology has changed the way journalists work as well as how information is obtained and produced. The business of news is more of a dialogue between news providers and receivers of information. Citizens have much greater control over how and when they receive information. Audience involvement, either through cellphones or social media, has fostered a culture where more people value press freedom more broadly.
These technologies have also introduced new threats to media freedom. Mobile companies are obliged to give up cellphone records when ordered by the courts, presenting journalists with the challenge of keeping their sources secret. The Security Laws Amendment Act 2014 safeguards and widens the powers of police and undefined ‘national security organs’ to surveil and intercept communications, restricting media freedom. It also restricts citizens’ ability to point out and demand action on government failures. That is where whistleblowing platforms like Code for Africa’s AfriLEAKS come into play, as they provide citizens and journalists alike a platform where they can share information on stories and tips.
Digital technologies have provided journalists with opportunities to be innovative, ethical and inclusive, and to collaborate to solve problems and improve people’s lives. An example is GotToVote, which not only provides citizens with information on elections which was previously not easily accessible, but also gives journalists information that adds nuance and depth to their reporting. These tools will become even more crucial in the future, as not many journalists have the skills to analyze, synthesize and interpret the vast array of statistical information being made available on the internet.

Fighting for good healthcare in Nigeria

by Temi Adeoye, ICFJ Knight Fellow at Code for Nigeria
The desperate need for affordable healthcare in Nigeria’s poorly funded, understaffed health sector has driven many — especially the poor and vulnerable — into the hands of persons not qualified to treat them. Quacks. The impact of quackery is very difficult to measure, but nonetheless extremely severe. Its cost is measured in human terms — agonizing disillusionment, temporary or permanent deformation, complication of existing ailments and, in some cases, needless deaths.
Public medical institutions are not insulated from this cancer. The complicity and culpable negligence of recruiters at public health service commissions paves the way for quacks to infiltrate the system. It is a major headache for health regulatory authorities in Nigeria. The MDCN has over 40 cases against accused quacks in several courts across the country, but convictions are rare.
Code for Nigeria has therefore partnered with West Africa’s largest online news outfit, Sahara Reporters, to deploy a data-driven tool called Dodgy Doctors to empower citizens to fight quackery from the comfort of their computers and mobiles.
Dodgy Doctors is one of a set of tools in the SaharaHealth initiative that uses official MDCN data to help citizens quickly and easily check whether their doctor is properly registered. All they need to do is type a doctor’s name and the service cross-checks it with the MDCN’s master register.
Other apps in the suite include Hospital Finder and Medicine Prices. Hospital Finder is a geo-located service that helps citizens reduce the critical time it takes to locate health facilities around them. Medicine Prices helps citizens check how much the government expects them to pay for medicines.
Data-driven tools like SaharaHealth are changing how media affects our lives. It is no longer sufficient to talk about what is wrong in our world: the media should give citizens simple, actionable and easy-to-use tools to solve their own problems.
This article is an adaptation of a piece that originally appeared in the African Free Press, a Media Institute of Southern Africa project, published to mark the 25th anniversary of the adoption of the Windhoek Declaration. It was originally published at whk25.misa.org under a Creative Commons Attribution 4.0 International (CC BY 4.0) license and is republished on IJNet with permission.
Main image courtesy of African skyCAM.

CPJ panel explores intersections of gender and media freedom


Sam Berkhead | May 04, 2016
It’s no secret that journalists face more hindrances to their work than they have in decades. In the last year alone, press freedom has fallen nearly four percent worldwide.
The problem becomes even more acute when viewed through a gendered lens. Women journalists, in particular, are harassed, abused and attacked — both online and physically — as a means of silencing them and discouraging others from covering certain topics.
That was what happened to Khadija Ismayilova, an investigative reporter from Azerbaijan who reported on corruption within her country’s ruling establishment. After years of harassment, gender-related attacks and arrests, Ismayilova was sentenced to prison for alleged crimes widely viewed to be trumped up.
Ismayilova is one of the more high-profile examples of a journalist facing gender-related attacks in an attempt to silence her. Human rights attorney Amal Clooney counts her among her clients. But her case is indicative of a wider trend in which gender is increasingly wielded as a weapon against journalists everywhere. It’s a trend that goes far beyond internet comment boards.
A panel hosted by the Newseum Institute and the Committee to Protect Journalists (CPJ) discussed this trend and examined possible means of combatting it.
Molly McCluskey, a freelance foreign correspondent, explained that being aware of one’s surroundings and safety is a must, even while working in countries and locations that are often perceived to be safe for journalists.
“I think anywhere we go, there is always a potential for everything, even in places in the world that I thought I would be the most safe,” she said. “I have been surprised, when I've let my guard down a little bit, at some of the attention, reactions and threats that I've unexpectedly had to deal with.”
Step two? Understand that ending gender-based violence against journalists is a complex, intersectional issue that encompasses many cultures — and as such demands an equally varied solution, Courtney C. Radsch, CPJ's advocacy director, pointed out in the CPJ’s new book, “Attacks on the Press: Gender and Media Freedom Worldwide.”
"Efforts to combat and address online abuse and gender-based violence often emanate from the developed world and also tend to reflect conditions, cultural perceptions and expectations in developed countries," a study by the Best Practices Forum on Online Abuse and Gender-Based Violence Against Women and Girls at the 2015 Internet Governance Forum concluded.
And in an era when it's unrealistic to expect journalists to stay off social media, both law enforcement and the social platforms themselves have a responsibility to shut down online harassment, said Michelle Ferrier, a former journalist and founder of Trollbusters, an organization that provides women journalists with support when they're targeted by cyberharassment.
"This is really a much more insidious kind of activity than what we've seen in the past," said Ferrier. "So we need better laws that actually deal with the complexity of the kind of online activity that we're seeing with these smart mobs."
Nor is gender-based violence and abuse strictly a problem for women journalists, with LGBT journalists facing similar attacks. The CPJ book outlines the unique challenges faced by Katherine O’Donnell, a transgender journalist in Scotland, as well as transgender journalists in less-tolerant Uganda. Even men aren’t immune to gender-based harassment. As a result, efforts to combat gender-based attacks against journalists must keep all genders in mind.
Ultimately, the CPJ’s panel discussion and book bring a mere fraction of voices and experiences into the discussion surrounding harassment and violence toward women journalists. It’s something Joel Simon, CPJ executive director, highlighted in his introduction.
“Clearly, vital voices are being suppressed and, as a result, some of the information we need to make sense of a complex world is missing,” he wrote.
As more journalists — of all genders and cultures — come forward with their stories, the stigmas surrounding gender-based violence will continue to fade, Simon wrote, bringing more representation to the table.
And while talking openly about the problem won’t necessarily solve it, doing so is a vital first step in breaking the so-called “code of silence,” said Lara Logan, a 60 Minutes correspondent, at the panel.
“It wasn't hard for me to speak out about [my assault],” she said. “I think what is harder for victims of sexual violence, rape and sexual assault is that people like to bury it very quickly and they want you to show it. ... I've had young journalists from Egypt and other places come and see me for things that happened to them, and you realize that the first step is not having to carry that burden on your own.”

Social innovation fellowship accepting applications [Worldwide]



Journalists who have developed business endeavors that address social needs are encouraged to apply for this fellowship in Chicago.
In partnership with Chicago Ideas Week, the Bluhm/Helfand Social Innovation Fellowship will grant visionary leaders with community support, exposure to successful business leaders and a US$10,000 financial contribution for their business endeavor.
The fellowship was established by two philanthropists and entrepreneurs, Leslie Bluhm and David Helfand, who wish to help the next social innovators and entrepreneurs confront social needs.
The winning recipients will be hosted in Chicago during Chicago Ideas Week on Oct. 17 to 23, with all expenses paid.  
Applicants must be 35 years old or younger and working as for-profit or nonprofit social entrepreneurs.
The application deadline is June 7.
For more information, click here.stellanwofiaupdates

Eight worldwide journalism opportunities to apply for in May



stellanwofiaupdates

Looking to expand your journalism toolkit, take on a new beat or receive recognition for your work? Check out these promising courses, fellowships and competitions with deadlines in May. Each is open to journalists worldwide.
Journalists ages 22 to 38 around the globe can apply for Moment Magazine’s Daniel Pearl fellowship, which encourages the production of in-depth stories about deeply ingrained prejudices. In addition to US$5,000 in project funding, fellows also receive mentoring from established, prestigious journalists like Wolf Blitzer, Linda Feldmann, Martin Fletcher and more. For more information, click stellanwofiaupdates
Thomson Reuters Foundation “Tomorrow’s News” newsroom training Deadline: May 2, 2016
The Thomson Reuters Foundation is offering “Tomorrow’s News,” a free, in-house newsroom training, to media outlets in developing countries or countries in political transition. The program includes workshops on strategizing and producing cross-platform content, as well as ongoing guidance and support and updates on the latest knowledge on media trends and convergence. For more information, click stellanwofiaupdates
 University of Westminster graduate scholarships Deadline: May 3, 2016
Students and journalists wishing to advance their studies can apply for full and partial graduate scholarships from the University of Westminster. Full scholarships cover tuition fees, accommodation, living expenses and flights to and from London. Prospective students can choose from a variety of programs, including the Media, Arts and Design Scholarship. For more information, click stellanwofiaupdates
Casa Pública Residencies Program Deadline: May 12, 2016
Foreign reporters working at an independent media outlet outside Brazil can apply for a BRL7,000 (US$2,000) grant and accommodations in Rio de Janeiro to cover the 2016 Olympic Games. As part ofAgência Pública’s Casa Pública residency program, journalists will closely examine the human rights impact of the World Cup and Olympics in Brazil. For more information, click stellanwofiaupdates

The Woods Hole Oceanographic Institution in Woods Hole, Massachusetts is seeking writers, producers and editors for its marine science fellowship. Fellows will gain knowledge of oceanography and ocean engineering through seminars, laboratory visits and field expeditions. A travel allowance and room and board will be provided. For more information, click stellanwofiaupdates
Fund for Investigative Journalism grants Deadline: May 16, 2016
The Fund for Investigative Journalism is offering grants to support investigative reporting projects around the world. The average award is US$5,000 and should be put toward project-related expenses.Recent grants have helped fund investigations on abusive labor brokers in Thailand, an American abroad who refused to be an FBI informant and the burning of trees as a renewable energy source in Canada. For more information, click stellanwofiaupdates
CUNY business journalism fellowship Deadline: May 31, 2016
The McGraw Center for Business Journalism at the City University of New York's Graduate School of Journalism is offering fellowships to journalists worldwide with five or more years of experience. Fellows will receive grants of US$5,000 a month for one to three months to produce longform print or radio pieces. For more information, click stellanwofiaupdates
Thomson Reuters Foundation Kurt Schork Awards Deadline: May 31, 2016
Each year, the Kurt Schork Awards in International Journalism honor freelancers and local journalists in developing and transitioning countries whose work would otherwise go unrecognized. Stories can cover conflict, human rights, cross-border issues and similar hot-button issues. Each winner receives a US$5,000 prize at a ceremony in London. For more information, click stellanwofiaupdates
Main image CC-licensed by Flickr via sigmama.

Editors to FG: Save traditional media from collapse


The Nigerian Guild of Editors (NGE) has expressed concern that the media industry in the country is suffocating under the prevailing economic challenges facing various sectors.


In a communique at the end of its first quarterly Standing Committee meeting for 2016 held on March 18, 2016 in Abuja, the NGE said the present economic situation poses a threat to the survival of traditional media in particular and credible information dissemination.


It therefore urged the government to review policies that impede the operations of the media in order to sustain democracy and avoid job losses.


The Guild in the communique signed by its President, Garba Deen Mohammad and Assistant General Secretary, Mary Atolagbe, noted that the current economic challenges facing the country has made the need to diversify the economy more compelling.


The federal government was urged to quickly evolve very clear and productive policies on mining and make agriculture more attractive through the provision of soft loans and other incentives that would facilitate the development of the sector.


In the light of the rising cases of abductions and abuse of minors across the country, the NGE called for the adoption of very strong policies that would protect the rights of children, and in particular under-age girls.


“ The Guild expresses serious disappointment over the poor conduct of the last JAMB computer-based examinations. Describing it as a national embarrassment capable of truncating the destinies of future leaders, the Guild therefore, implores government to immediately halt the approval of centres that lack the capacity to ensure seamless conduct of such examinations.


“ Finally, the Guild also acknowledges the recent changes in the status of its leadership and unanimously agrees on a handover plan that will culminate in a change of baton at its next Standing Committee Meeting,” the communique stated.


Nigerian police detain publisher


Abuja, Nigeria, March 10, 2016 - Nigerian authorities should immediately release magazine publisher Yomi Olomofe on bail, the Committee to Protect Journalists said today. Police detained Olomofe early this evening in Lagos, after men he had accused of severely beating him in June 2015 alleged the publisher had assaulted and attempted to extort money from them, Olomofe and his lawyer told CPJ by telephone.

On June 25, 2015, Olomofe, who publishes the monthly community magazine Prime Magazine, and McDominic Nkpemenyie, a correspondent with the state-funded Tide Newspaper, were investigatingallegations that customs officers at Seme, on Nigeria's border with Benin, were complicit in smuggling, when more than 15 men attacked the two journalists, Olomofe told CPJ. The men hit Olomofe on his face and body with their fists and sticks until he lost consciousness, the publisher and witnesses told CPJ days later, after Olomofe regained consciousness.

In a June 30, 2015, complaint to the Lagos state police commissioner, and a July 1, 2015, complaint to the inspector general of police, Olomofe identified his attackers and customs officers who had not intervened to stop the attack. Police have not charged anyone for assaulting the journalists, Olomofe and his lawyer, Akin Osunsusi, told CPJ.

In an October 2015 complaint to the police, the men Olomofe had accused of beating him themselves alleged that he had assaulted them and had attempted to extort money from them, the publisher told CPJ. He denied the accusations, and he and his lawyer said the first they had heard of them was today, after his arrest. It was unclear whether the publisher was formally charged with a crime.

"Arresting magazine publisher Yomi Olomofe for beating the men he says beat him to a pulp is nothing short of obscene," Peter Nkanga, CPJ's West Africa representative, said. "Rather than blaming the messenger, police should energetically pursue those responsible for the crime."

A police officer at the Lagos State Criminal Investigation Department (SCID), who gave his name only as Aminu, contacted by CPJ on March 8 in the course of follow-up research into the initial incident, said that he had repeatedly invited the customs officers for questioning about the June 2015 beating, but that they had not come, despite his having copied the head office of the customs service in Abuja. "Being service officers," he said, "I cannot just arrest them."

One of the customs officers who Olomofe said had not intervened to stop the 2015 attack told CPJ at the time that there was nothing he could do: The assailants were too "rowdy."

Police at the SCID today told CPJ that they had been instructed to pass Olomofe's file to the Force Criminal Investigation Department (FCID) in Alagbon, in Lagos state, where Olomofe is held. Dolapo Badmus, the Lagos State police spokeswoman told CPJ that police authorities in Abuja have jurisdiction over FCID and not the Lagos State Police Command. CPJ could not immediately reach the FCID spokesman for comment.

Deji Elumoye, the chairman of the Lagos state chapter of the Nigeria Union of Journalists, told CPJ that police in Alagbon had refused to grant Olomofe bail today, and that representatives of the union had not been allowed to see him in custody.

Olomofe and the Lagos state chapter of the Nigeria Union of Journalists in January 2016 filed a civil lawsuit against the attackers and the customs service seeking compensation for the attack, according to press reports.

###
CPJ is an independent, nonprofit organization that works to safeguard press freedom worldwide.
 
Contact:
Kerry Paterson
Africa Research Associate
+1 212-300-9031
Email: kpaterson@cpj.org

Peter Nkanga
West Africa Representative
Email: pnkanga@cpj.org

Court orders Obasanjo, Yar’Adua, Jonathan govts to account for recovered loot


The Federal High Court sitting in Lagos, in a landmark judgment, has held
that successive governments since the return of democracy in 1999 “breached
the fundamental principles of transparency and accountability for failing
to disclose details about the spending of recovered stolen public funds,
including on a dedicated website.”

The court then ordered the government of President Muhammadu Buhari to
“ensure that his government, and the governments of former President
Olusegun Obasanjo, former President Umaru Musa Yar’Adua, and former
President Goodluck Jonathan account fully for all recovered loot.”

The judgment was delivered on Friday by Justice M.B. Idris following a
Freedom of Information suit no:FHC/IKJ/CS/248/2011 brought by the
Socio-Economic Rights and Accountability Project (SERAP).

The details ordered by the court to be disclosed include information on the
total amount of recovered stolen public assets by each government, the
amount of recovered stolen public assets spent by each government as well
as the objects of such spending and the projects on which such funds were
spent.

Justice Idris dismissed all the objections raised by the Federal Government
and upheld SERAP’s arguments. Consequently, the court entered judgment in
favour of SERAP against the Federal Government as follows:

1. *A DECLARATION *is hereby made that the failure and/or refusal of the
respondents to individually and/or collectively disclose detailed
information about the spending of recovered stolen public funds since the
return of civil rule in 1999, and to publish widely such information,
including on a dedicated website, amounts to a breach of the fundamental
principles of transparency and accountability and violates Articles 9, 21
and 22 of the African Charter on Human and Peoples’ Rights (Ratification
and Enforcement) Act

2. *A DECLARATION *is hereby made that by virtue of the provisions of
Section 4 (a) of the Freedom of Information Act 2011, the 1st
Defendant/Respondent is under a binding legal obligation to provide the
Plaintiff/Applicant with up to date information on the spending of
recovered stolen funds, including:
(a) Detailed information on the total amount of recovered stolen public
assets that have so far been recovered by Nigeria
(b) The amount that has been spent from the recovered stolen public assets
and the objects of such spending
(c) Details of projects on which recovered stolen public assets were spent

3. *AN ORDER OF MANDAMUS* is made directing and or compelling the
Defendants/Respondents to provide the Plaintiff/Applicant with up to date
information on recovered stolen funds since the return of civilian rule in
1999, including:
(a) Detailed information on the total amount of recovered stolen public
assets that have so far been recovered by Nigeria
(b) The amount that has been spent from the recovered stolen public assets
and the objects of such spending
(c) Details of projects on which recovered stolen public assets were spent

SERAP deputy executive director, Olukayode Majekodunmi, said, “This
judgment confirms the persistent failure of successive governments,
starting from the Obasanjo government, to respect Nigerians’ right to a
corruption-free society and to uphold constitutional and international
commitments on transparency and accountability.
“The judgment is an important step towards reversing a culture of secrecy
and corruption that has meant that high-ranking government officials
continue to look after themselves at the expense of the well-being of
majority of Nigerians, and development of the country.

“This is a crucial precedent that vindicates the right to a transparent and
accountable government and affirms the human right of the Nigerian people
to live a life free from want and fear. We are in the process of obtaining
a certified copy of the around 60 pages judgment. SERAP will do everything
within its power to secure the full and effective enforcement of this
judgment.

The Federal Government had through its counsel, Sheba Olugbenga, filed a
Notice of Preliminary Objection dated March 26, 2012 on the grounds that
SERAP lacked the locus standi to institute the action, that the action was
statute barred, and that SERAP’s affidavit evidence offended the provisions
of the Evidence Act.
On May 8, 2012 the Federal Government filed additional written address in
support of its preliminary objection, arguing against the retroactive
nature of SERAP’s request; saying since the Freedom of Information Act was
enacted in 2011, citizens cannot be demanding disclosure of government
spending since 1999.

In response, SERAP argued that the FOI Act was a special specie of
legislation to liberalize and expand access to information for all
Nigerians; that the FOI Act does not impose any requirement of locus standi
on applicants; that the only relevant limitation period in the case is that
which requires filing of suit within 30 days if information is not given;
that the right which the FOI Act seeks to protect is the right of the
public to have access to information which is in custody of a public
official or institution; and that the information sought by SERAP was not
caught by the law against retroactivity, noting that the right in question
is expropriatory in nature which justifies the granting of access to the
requested information on the ground of overriding public interest.

SERAP also argued in its pleadings that “By virtue of Section 1 (1) of the
FOI Act 2011, it is entitled as of right to request for or gain access to
information which is in the custody or possession of any public official,
agency or institution. By the provisions of Section 2(7) and 31 of the FOI
Act 2011, the Accountant General of the Federation is a public official. By
virtue of Section 4 (a) of the FOI Act when a person makes a request for
information from a public official, institution or agency, the public
official, institution or agency to whom the application is directed is
under a binding legal obligation to provide the applicant with the
information requested for, except as otherwise provided by the Act, within
7 days after the application is received.”

The organization also argued that, “The information requested relates to
the spending on recovered stolen funds since the return of civilian rule in
1999. By Sections 2(3)(d)(V) & (4) of the FOI Act, a public official is
under a binding legal duty to ensure that documents containing information
relating to the receipt or expenditure of recovered stolen funds are widely
disseminated and made readily available to members of the public through
various means.”

According to the organization, “The information requested does not come
within the purview of the types of information exempted from disclosure by
the provisions of the FOI Act. The government has no reason whatsoever to
deny SERAP access to the information sought. The requested information,
apart from not being exempted from disclosure under the FOI Act, bothers on
an issue of national interest, public concern, social justice, good
governance, transparency and accountability.”

“The power or discretion to refuse to give access to information requested
for cannot be exercised in vacuo. Such a power or discretion must be
provided for by the FOI Act itself. This means, therefore, that a request
for information can only be denied or turned down if the information
requested is one which is exempted from disclosure under the provisions of
the FOI Act. In the case at hand, the information requested for by the
plaintiff relates strictly to the spending of recovered stolen funds since
the return of civilian rule in 1999.”

“Obedience to the rule of law by all citizens but more particularly those
who publicly took oath of office to protect and preserve the constitution
is a desideratum to good governance and respect for the rule of law. In a
democratic society, this is meant to be a norm; it is an apostasy for
government to ignore the provisions of the law and the necessary rules made
to regulate matters.”

Property rights reporting Grant for Journalists


The Pulitzer centre on crisis reporting is providing grant to support the reporting of property rights issues in Nigeria.