The Socio-Economic Rights and Accountability Project (SERAP) has
sent a Freedom of Information request to Brigadier-General Sule Kazaure,
Director-General of the National Youth Service Corps (NYSC), asking him
to “use his good offices and leadership position to urgently
provide information on specific details and documents on the Exemption
Certificate granted to the Minister of Finance, Mrs. Kemi Adeosun”.
The organization also asked General Kazaure “to provide
information and documents on whether Mrs Adeosun applied for NYSC
Exemption Certificate, and if she did, to clarify whether the NYSC
actually granted her the Exemption Certificate, the circumstances and
the provisions of the NYSC Act under which the Exemption Certificate was
granted”.
The organization said it “needs the information to determine if
the crime of forgery has been committed, and if so, to consider
possible action in the circumstances, including but not limited to
asking the Attorney General of the Federation and Minister of Justice,
Mr Abubakar Malami (SAN), to pursue prosecution or in the absence of
that, for us to consider the option of a private prosecution”.
In the FOI request dated August 2, 2018 and signed by SERAP’s Deputy Director, Timothy Adewale, the organization said:
“By providing information and documents on the Exemption Certificate,
the NYSC would help put an end to any insinuation of complicity and show
that the institution can embrace transparency and accountability in the
discharge of its statutory mandates. This would in turn contribute to
improved integrity and public image of the NYSC.”
According to the organization, Adeosun remains innocent until the
allegations against her are properly tested and proven beyond a
reasonable doubt in a court of competent jurisdiction based on relevant
admissible evidence, but the continuing silence by the NYSC management
on the matter may create an impression that an offence may have been
committed, and lead to accusation that the management has something to
hide.
“We urge you and the entire NYSC management and leadership to
open up on the matter and provide information and documents as
requested. This will be one step in the right direction. If the
information is not provided to us within 7 days of the receipt and/or
publication of this letter, the Registered Trustees of SERAP shall take
all appropriate legal actions under the Freedom of Information Act to
compel you to comply with our request,” read the letter.
“SERAP is concerned about the perceived lack of transparency
and accountability of the NYSC management and leadership in this matter,
which has seriously undermined public trust and confidence in the NYSC
as a public institution established to serve the public interests.
“SERAP notes that following allegations of NYSC Exemption
Certificate forgery against Mrs Adeosun, the NYSC management issued a
statement confirming that she did apply for an Exemption Certificate and
promising to ‘investigate the origin of the purported Exemption
Certificate in question’.
“However, we are concerned that the statement lacks specificity
as to whether Mrs Adeosun was issued the Exemption Certificate.
Further, although the statement was issued on 9 July 2018, the NYSC
management has so far failed and/or neglected to publish the outcome of
the investigation it promised. Nigerians are also entitled to the right
to truth derived from the obligations of the government and its
institutions to carry out an investigation into allegations of issues
like forgery that have been levelled against Mrs Adeosun.
“By Section 1 (1) of the Freedom of Information (FOI) Act 2011,
SERAP is entitled as of right to request for or gain access to
information, including information on the circumstances and the
provisions of the NYSC Act under which any NYSC Exemption Certificate
was granted to Mrs Adeosun.
“By 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 urgency 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.
“By Sections 2(3)(d)(V) & (4) of the FOI Act, there is a
binding legal duty to ensure that documents containing information
relating to the granting of any NYSC Exemption Certificate are widely
disseminated and made readily available to members of the public through
various means.
“The information being requested does not come within the
purview of the types of information exempted from disclosure by the
provisions of the FOI Act. The information requested for bothers on an
issue of national interest, public concern, good governance,
transparency and accountability.”