By Umar Maradun, Gusau
The outgoing All Progressives Congress led-government in Zamfara State has kicked against the constitution of the transition committee by the Peoples Democratic Party in the state.
In a statement issued by the state Commissioner of Information, Ibrahim Dosara said the action of the transition committee of the incoming government was causing confusion in an effort to have smooth handing over.
He alleged that members of the PDP transition committee have been going round MDAs and Departments collecting data and investigating government operations.
“Zamfara state government that some members of the incoming government transition committee are currently going round ministries and Departments of government collecting information and conducting investigations into the activities of the MDAs, which is illegal and tantamount to running a parallel government.
The commissioner also noted that the PDP committee moves are contrary to the provisions of the constitution.
According to him, the sub-committees of the incoming government transition committee are therefore advised to henceforth suspend such investigative activities until after handing over power to the incoming government on May 29th”.
Dosara also explained that, state government has already set-up a transition committee for the smooth handling and taking over of power to the Governor-elect according to the provision of the constitution.
“The transition committee of government had also met with the main transition committee of the incoming government and had reached agreement on the procedures of the handover and taking over of power”, he stressed.
The Commissioner therefore described the act as illegality for the sub- committees to be going round the MDAs commencing investigations before handing over to the incoming administration by the outgoing government.
Reacting to the commissioner’s statement, Barrister Bello Galadi faulted the statement issued by the state government.
Speaking on the side of the law, he said there is no law that prohibited the PDP-committees from conducting investigation into the affairs of the Ministries, Departments and Agencies in line with their terms of reference.
“I stand to be guided, even a sitting governor can be investigated at any time. His immunity under Section 308 of the Constitution is limited to civil and criminal proceedings and does not extend to investigations.”
He added that, in the last Paragraph of the said Public Notice, you sternly warned all the MDAs “to desist from issuing any information to anybody without the consent of the main transition committee appointed by government”.
“By Section 1(1) of Freedom of Information Act, 2011, any person has the right to request for public information in possession of any public official, unless that information is classified or contrary to the Official Secrets Act. With or without demonstrating any specific interest in the information, a public official is obligated to give such information as demanded.
a former NBA chairman said One can request the information even orally. See Section 3(4) FoIA, 2011. By Section 4(a) & (b), FoIA, 2011, any information requested must be given by the public official within seven (7) days of the application.
The lawyer however, stated that, It is a criminal offense for a public official to refuse to give public information once demanded, and is liable on conviction to a fine of N500, 000.00.
He cited Section 7(5) FoIA, 2011.By Section 27(2) FoIA, 2011, no public officer is liable for giving information without authorization, once the information will expose mismanagement of public funds, gross waste, fraud or abuse of office.