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.

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