Lekki Killings: Lagos Panel Members Swear Oath of Secrecy

It’s Global Best Practice – Gov’s Aide

Should the Judicial Panel of Inquiry set up by the Lagos State government to investigative Lekki massacre be made to swear an oath of secrecy?

This is the question many Nigerians who saw the content of the oath allegedly administer to members of the panel now circulating on social media are asking.

Governor Babajide Sanwo-Olu had set-up a judicial Panel of Inquiry to probe the Lekki Tollgate killings to ensure that the perpetrators of the heinous acts are made to face the law.

However, as the panel begins its sitting today, a document showing that members swore an oath of secrecy has surfaced.

The oath reads in part, “I solemnly swear/affirm that I will not directly or indirectly communicate or reveal any matter to any person which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties, except as may be required for the discharge of my official duties or as may be officially permitted by the governor. So help me God/Allah.”

The document was shared by popular social media influencer, Dr Harvey Olufunmilayo, who said the oath of secrecy was not a good sign.

“If Lagos asked members of the panel to sign an oath of secrecy, just know there is no depth these people will not sink into to cover the truth. If members of the Lagos judicial panel of inquiry are truly made to sign an oath of secrecy, now is the time to end that scam.

“These panels are a public inquiry into a matter of public interest about public crimes and atrocities committed by the police. Televise all panel sessions,” he wrote.

Speaking to THE WHISTLER, a lawyer Vincent Okonkwo Esq of Associate, Jackson, Etti and Edu, in Lagos, said panellists “cannot be forced to sign an oath. Otherwise that would be an infringement on their freedom of expression as provided in Section 39(1) of the Constitution”.

He added, “The oath itself is invalid. A Governor cannot issue an Oath under Law. That’s the exclusive purview of the Commissioner for Oaths and Notary Publics”.

In the same light, Chinedu Obienu Esq, the head of Zest Partners in Abuja, noted that the document looked like the oath administered to top civil servants such as commissioners, permanent secretaries, DG’s in Lagos state.

“Because by the oath they are answerable to the governor and not the people. It then follows that it is only what the governor wants the public to hear that they will hear,” Obienu told this newspaper.

Also, Festus Ogun, a lawyer, said on Twitter that the reference to the governor in the oath was also worrisome.

Ogun stated that the oath of secrecy was defective and at variance with Section 38(4) of the 1999 Constitution.

“Again, this oath of secrecy is legally defective. First, the idea of secrecy is occultic. Section 38(4) of the 1999 Constitution frowns at ‘secret societies’.

“Oath of confidentiality would be better. Second, oaths are to be sworn before a commissioner of oaths, not the governor,” the lawyer noted.

But speaking to THE WHISTLER, the Special Adviser to the Governor on Media, Gboyega Akosile said the swearing of oath by members of the judicial panel was nothing to worry about as such an act equates to best practices around the world.

“When you want to serve the government, it is a standard procedure; (referring to the situation of oath swearing by the judicial panel) there is nothing new there. It is what it is because of what is happening.

“You take an oath to protect… It is a standard procedure around the world,” he said.

He noted that the swearing to an oath was simply to ensure that the sanctity of the judicial process was protected.

“There are some things that if you divulge to the public now, it will derail the cause of the investigation”, Akosile said, adding that the process was deliberate to ensure that certain information remained classified.