Legal Battle: Prof. Odinkalu Challenges Oath Of Secrecy/Confidentiality Proposed By NHRC To Be Administered On All Staff, Says Its Unconstitutional

Human Rights Activist, Prof. Chidi Anselm Odinkalu, has brought an action before the Federal High Court against the National Human Rights Commission (NHRC) challenging the oath of secrecy/confidentiality proposed by NHRC to be administered on all staff of the Commission.

The said suit is seeking specially for an order enforcing the applicant’s fundamental rights to freedom of expression guaranteed him under Section 19 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 9 (2) of the African Charter on Humans and Peoples’ Right to receive information guaranteed him under Article 9 (1) of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act, CAP, LFN, 2004, and Section 39 (1) o the 1999 Constitution of the Federal Republic of Nigeria 1999, and the right to receive, access or request for and obtain information held by public institutions in Nigeria pursuant to Section 1 of the Freedom of Information Act , 2011 in terms of the reliefs sought in the statement in support of the Application.

In the case with Suit No: FHC/ABJ/CS/852 made available to TNL, Prof. Chidi Anselm Odinkalu has approached the court via an Originating Motion on Notice against the National Human Rights Commission (NHRC), Anthony O. Ojukwu Esq., the Executive Secretary, NHRC, the Nigeria Civil Service Union – NHRC Branch, and Comrade Edem Atu, Chairman, Nigeria Civil Service Union, NHRC branch seeking for the reliefs sought.

The suit which is dated 22^nd day July, 2019, and filed the same day is brought before Federal High Court of Nigeria seeking for a Declaration that the oath of secrecy/confidentiality proposed by the 1^st and 2^nd Respondents with the support of the 3^rd and 4^th Respondents to be administered in all staff of the Respondent is incompatible with the right guaranteed under Section 39 (1) of the Constitution of the Federal Republic of Nigeria, 1999 and Article 9 (1) of the African Charter on Human and peoples’ Right and the right to receive, access or request for and obtain information held by public institutions in Nigeria pursuant to Section 1 of the Freedom of Information Act, 2011 and is therefore unconstitutional and void.

Other reliefs sought include inter alia, a Declaration that the oath of secrecy/confidentiality proposed by the 1^st and 2^nd Respondent with the support of the 3^rd and 4^th Respondents to be administered on all staff of the 1^st Respondent is incompatible with and in excess of the powers and functions of the 1^st and 2^nd Respondents under Section 5 and 6 of the National Human Rights Commission Act, CAP N46, laws of the Federation of Nigeria, 2004, all instruments there under and is therefore unlawful and void;  a Declaration that the 1^st and 2^nd Respondents have no constitutional or statutory duty, right or power to direct or compel any staff of the National Human Rights Commission to subscribe to an oath of secrecy/confidentiality as such staff the observance of which oath would violate the Applicant’s right to Freedom of Expression guaranteed him under Section 39 ( 1) of the Constitution and Article 9 (1) of the Charter and the right to receive, access or request of and obtain information held by public institutions in Nigeria pursuant to Section 1 of the Freedom of information Act, 2011; as well as Declaration that the 1^st and 2^nd Respondents have no privilege, duty, right, right or power to act in violation of their constitutional and statutory mandates to protect and promote human rights guaranteed under the Constitution, that National Human Rights Commission Act, and other relevant instruments.