Leadership (Abuja)
Golu Timothy
25 September 2008
The presidential spokesman, Mr. Olusegun Adeniyi, has said that his boss, President Umaru Musa Yar'Adua, erred by directing that some special advisers, including himself, should take an oath of secrecy.
Political aides to both the President and his deputy, Dr. Goodluck Jonathan, took an oath of secrecy and declaration of secrecy on Tuesday, more than a year after some of them assumed office. The Permanent Secretary, State House, Dr. Baba Kaigama, had said that the oath was at the instance of Yar'Adua.
However, Adeniyi told State House correspondents yesterday that his boss made an error.
"I have even discovered that there was an error because the oath of secrecy is not for myself, the Chief Economic Adviser and other special advisers who, like ministers and permanent secretaries, had already been sworn in by the President," he said.
The special adviser added, "The oath-taking is a public service ritual that ought to be in our file and it was the new State House Permanent Secretary who discovered the omission on the part of many of us and insisted we all had to do it.
"While it imposes responsibility on public officials, it is not an attempt to gag anybody, and I can say categorically that nobody can gag me.
"If it was an attempt to muzzle the media as it is being erroneously interpreted to mean, why would we make it public and allow the event to be covered by the same media?
"That is not realistic. I allowed reporters in because there was nothing to hide, otherwise we could have done it secretly.
"The truth is that it was a mere procedural thing and the idea that it is targeted at the media is not, and cannot be, correct. I would never be part of such an exercise and neither would the President allow such to happen."
The Presidency also yesterday gave reasons why it is delaying action on the reconstitution of the new cabinet. According to Adeniyi, the much-awaited cabinet reshuffle is based on the need to galvanise government and improve on service delivery by identifying areas where there ought to be changes and bringing in new talents that would do the job.
Adeniyi said, "The cabinet reshuffle is not a public relations gambit for the President. It is based on the need to galvanise government and improve on service delivery by identifying areas where there ought to be changes and bringing in new talents that would do the job.
"That process, I can assure you, is completed but since the Senate, which is the confirming authority, is currently on recess, there is no wisdom in creating vacuums at a period finishing touches are being put on the 2009 budget.
"The better part of next week is public holiday, so there is no hurry and I know the President to be a very painstaking person when it comes to crucial decisions as in this instance. And perhaps to assure you I have not been gagged, you can quote me on that: there will be a ministerial reshuffle."
Meanwhile, lawyers and political parties yesterday took a swipe at the Presidency, describing the Oath as illegal and a "wanton disregard" for the rule of law. A Senior Advocate of Nigeria (SAN), Chief Niyi Akintola, said it was wrong for the Presidency to administer the oath on political appointees.
His words, "The appointees are not his private staff. The oath of secrecy is normally administered on civil servants as contained in their General Order (G.O.).
"The political appointees are not civil servants. The only exceptions are the President's personal physicians or lawyers.
"To those professionals, even the rule of their professions enjoins them to maintain some confidentiality. But they are bound by the same rules to disclose, if they are being asked to do something illegal. For instance, if the doctor is asked to carry out an abortion or the lawyer is privy to an illegal act by the President, the appointee is bound to disclose.
"The immediate effect of the oath of secrecy is that it will hamper the media in the discharge of their constitutional responsibility, which is to hold the government accountable at all times."
As for Mr. Goddy Okpamen, a Lagos-based lawyer, "No law backs the oath. It is contrary to the constitution. Section 39 guarantees the right to freedom of expression. The oath is null and void. The people who have taken the oath are public servants, not civil servants."
Said another Lagos-based lawyer, Mr. Festus Keyamo, "I condemn it because government is not a secret cult. By doing this, Aso Rock has been turned into a secret cult."
These views corroborated the assertions of former Secretary of the Nigeria Bar Association (NBA), Lagos branch, Mr. Ikeukor, who described the oath as running counter to the constitution. "Oath of secrecy is normally referred to classified government document to keep it away from those who have no business with it.
"The question is, why is it now that the government is asking its staff to swear to an oath of secrecy? To avoid rumours, the channel of information should be open."
In his own reaction, Mr. Allen Agbaka described the exercise as an inhibition on the freedom of information.
Ebun Adegboruwa described the Yar'Adua administration as a cult, adding the secrecy oath administered on top public servants was unconstitutional. He argued that whereas the President should be seen to support the Freedom of Information Bill still with the National Assembly, he is busy administering oath of secrecy on his staff.
Mr. Giwa Amu, also a lawyer, said the exercise was a contravention of the constitution "and this action will go a long way to hamper the passage of the Freedom of Information Bill."
The oath-taking came on the heels of reports in the media on the state of health of the President that resulted in the President's 17-day absence from the country.
The Conference of Nigeria Political Parties (CNPP) views the oath of Secrecy administered on the aides of Yar'Adua as a signpost of an emerging dictatorship.
"The oath of secrecy administered to officials of the Presidency, ranging from Principal Secretary to cooks, is a freedom in reverse gear for a regime that professes the rule of law; hence an impediment on freedom, the bastion of democracy.
"The oath, unfortunately confirms the allegation that there is moral crisis of confidence in the presidency, which led to the collapse of the 7-Point-Agenda."
But a Kaduna-based legal practitioner, Barrister Sadau Garba, told LEADERSHIP last night that there was nothing wrong wtih the oath of secrecy, legally. "Legally speaking, there is nothing wrong in taking oath of secrecy; the presidential aides, by the positions they occupy, have access to vital information that the President might want to keep away from the public," he said.
"It is a way of saying: I hired you, trust you and don't expect you to reveal some vital information to the public.
"The President, the Vice-President and the ministers took the oath. To me, it is an oath of loyalty," he added.
Meanwhile, the Federal Executive Council yesterday approved the recommendations of the Presidential Committee set up by President Yar'Adua to re-articulate the mandates of federal ministries following the restructuring of existing ministries and creation of new ones.
The approval of the committee work is seen by many as a step to the expected cabinet change which could come any time from now.
The FEC, in its last meeting, had reversed the merging of the then 30 ministries into 19 by former President Olusegun Obsanjo, coming up with 28 ministries, including the creation of a new Ministry of Niger Delta, which is aimed at fast-tracking and effectively coordinating the implementation of the Seven-Point Agenda of the Yar'Adua Administration.
Minister of Information and Communications, Mr. John Odey, who briefed State House correspondents on the outcome of the FEC meeting, said the presidential committee has reported to council and its recommendations were subsequently approved and adopted by council for implementation.
Responding to a question on the expected cabinet changes, Odey said it is at the discretion of the President, who appointed all the cabinet members. He noted further that Yar'Adua will announce the cabinet change when he pleases.
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