₦airaland Forum

mapet:
■ This is you turning logic upside down...
1. The provision of the FOIA clearly advance that the primary subject has to APPLY for the information in question. Did Bristol formally apply for those information referencing the FOIA?
2. Even if he applied (obviously he did not), the same paragraph you reference stated that "...the Public Institution to which the application is made shall decide information is of a type referred to in Sections 11,12,14,15,16,17,19,20 or 21" this strongly infers that certain FOIA allows certain information to be released at the "decision" of the Public Institution.
(a) was the information released by Bristol sent to him by the Public Institution (Office of the Secretary to the Federal Government)?
(b) was the information classified under Sections 11, 12, 14, 15, 16 ,17, 19, 20 or 21?
This is how some of you display ignorance with gusto... FOIA is hidden in plain sight yet you cannot or choose to misrepresent it.

Please stop dragging us back in circles simply because you are not able to keep up.

First, the charge sheet does not state that he did not apply for the information. To apply is to request information from any of the governmental agencies through any of their many communication channels. Second, if he did apply, then the FOIA is clear on who can be faulted. So, stop flailing about arrogantly in ignorance pretending that justification can be obtained that way.

timbabng:
■ Well, I specifically mentioned classified documents in my response. It does not matter if "Declassified" was not used, it doesn't change the meaning of the word.
■ And subsection 3 of Section 1 won't save the officer if charged.
■ I wish the accused and his lawyers good luck with their case. He's going to need a miracle......or at best he'll become a snitch, and snitch he's way out of prison

And I specifically showed you what is in fact written in the FOIA regarding classified documents. The law does not state that a classified document is considered declassified at the point that it is shared by means of FOIA so it does matter that we stay away from such assumptions.

2. I didn't say anything about "saving". Rather, I said it could be used to work for him if he has competent lawyers.

3. I don't believe a miracle is needed. If you have honestly followed the story here, you would note that the rule of law was severely ignored from the start by the Nigerian Police Force. After illegally detaining and torturing him for 28 days, he was finally charged on 9 charges some of which appear to be civil charges.

timbabng:
■ "Declassified" in the context of my response is just the definition in English, which means "no longer a secret".
↪The FOIA does not need to specifically use the word "Declassified" to describe a Classified (secret) document that has been approved for public consumption. But when a classified document is released, it becomes "Declassified".
↪Will also go to prison unless : Yes, if the public officer is indicted for releasing a document without authorization, the only exceptions are listed in the FOIA.

1. By your definition there, any document that is leaked can also be construed as declassified. So, let's simply stick to the FOIA on this one instead.

2. Well, there is a reason why the word Declassified is not used. That you are not aware of it at this point is no reason why you should assume it is implied.

3. If the officer is charged under the Official Secrets Act then subsection 3 of Section 1 acts in his favor as well.

Questionnairae:
■ For me: True Federalism where every State will be independent and self-governing, to manage and control it's resources and pay royalties to the Center.

Do you consider the USA, for instance, an example of this True Federalism you all keep clamoring for or not?

The US government shares revenue from oil and gas production with the states where the development took place. The US Treasury and the states split revenue about half and half. Alaska receives 90% of the revenue from extraction operations, while the other states receive 50%. The federal government charges a 12.5% minimum royalty rate on oil and gas extracted from public land.

kingthreat:
■ Tinubu nonsense never too much like this? Abeg if you like your freedom even on Nairaland, don't post anti-government if you can be traced.

But then you would be playing into their hands as that is what they want people to do. Why should you be afraid of a man whom you claim you democratically elected into office? Na him papa get the office? Una never tire for these people wey, after begging una for your vote, go come pretend say dem be gods and master over una after dem enter office?

Make una call for the immediate impeachment of the failure of a president o'jare make Nigerians breath already!

timbabng:
↪ It's still the same thing. FOIA requests for classified documents must be approved by the public institution. In his own case, it was secretly leaked to him.
↪And you are correct about further distribution of any documents "already approved" and received through a FOIA request. Once it has been approved, it becomes declassified, and can be distributed.
↪But remember, he got the documents through the backdoor, not through a FOIA request, which makes it illegal.
↪The public officer that leaked it will also go to prison unless he/she can prove it was done because of impending danger to public health and safety or due to fraud / abuse of authority in the system, as outlined in the act.

The charge document does not state any of what you assert though.

2. Well, FOIA does not state the document becomes declassified at the point it is distributed rather it states that a document marked as classified is not to be considered precluded from the exchange. Again, let us stay away from interpretations that do not align with what is in fact written.

3. Nothing in the charge letters indicates any of what you claim here. Read through each of the 9 charges to see this for yourself.

4. As for your statement there, that is not according to Section 1 of the Official Secrets action, particularly subsection 3.
https://www.placng.org/lawsofnigeria/view2.php?sn=421

OALandAgents:
He cannot be voted out by elections, he has INEC are in his pocket. Your votes does not decide winner of elections, INEC alone decides winners of elections.

He can be impeached by an national Assembly chosen by the Nigerian people. Section 68 of the Nigerian Constitution.

ivandragon:
✓ The government accused the protesters of treason, a capital offence punishable by death.
This was contained in a Court document with file number FHC/ABJ/CR/454/2024, indicating the Tinubu regime is seeking death penalty for the protesters.
The arrested protesters include:
Michael Tobiloba Adaramoye
Adeyemi Abiodun Abayomi
Suleiman Yakubu
Opaluwa Eleojo Simon
Angel Love Innocent
Buhari Lawal
Mosiu Sadiq
Bashir Bello
Nuradeen Khamis
Abdulsalam Zubairu.
Since the end of the nationwide protests against widespread hardship and insecurity in the country last month, a crackdown on those who participated in the public demonstration by security agencies has been the order of the day.
Hundreds of people have been arrested, including minors, for their alleged involvement in the protest. Many of the arrested persons are being detained without any arraignment.

I hope the trial if fully televised so Nigerians can watch to learn how little regard their government has for rule of law.

Medipharm:
I don't even really understand these people. What are their offences? Protest?
I just don't like this government, very selfish. They have succeeded in scattering the country and doing as If nothing is happening because they can afford everything at common man expense.
I blame their supporters

Imagine! According to their lawyers representing all 10 people who were jointly charged with plotting treason by the Government, all 10 people were picked from different states and are complete strangers to each other.

IfnobeGod20:
In a saner clime, he will go home with billions of naira for unlawful detention, as all the charges preferred against him are all bailable cases. When we are almost tilting to be a banana Republic, anything goes in my country, Nigeria.
Why should a person be detained for 28 days without charging him to court and your kind is rejoicing over it in a country with constitution.
Remember when you point one finger at someone, the remaining 4 fingers are pointing at you back. A day of retribution is coming.

Subsection 6 of section 35 of the Nigerian Constitution allows him to claim compensation for his illegal arrest and detention coupled with the inhumane treatment he received from the authorities while in their custody(illegally). What Nigeria needs is a set of good lawyers to argue successfully for such compensation. That will in turn deter officers from attempting such foolishness going forward.

ednut1:
How can you be doing in investigative journalism while in Nigeria. Nawa

Nigeria definitely needs loads more investigative journalists, it seems since their low numbers enable the government to continue to intimidate them.

timbabng:
↪Again, you must not try to access Classified information, let alone distribute it. It's a criminal offence. The corrupt practices and other related offences act does not protect criminals, and in this case, the guy was distributing classified information and not whistleblowing any corrupt practices being perpetrated by any agency.

Below is the information I was searching for earlier. That is from the Freedom of Information Act 2011. Merely saying a document is classified does not mean it is precluded. Also, once a person obtains such a classified document, possibly by using the FOIA, there is no restriction on such a person from sharing the same record with the public.

POLYMATHS21:
Andrew Wynne, a British national declared wanted by the Nigeria Police Force for allegedly plotting to overthrow President Bola Tinubu’s administration, has denied the allegations and stated his willingness to cooperate with the authorities.
In an interview on Channels Television’s Politics Today from his base in the United Kingdom, Wynne expressed his unawareness of being labeled a fugitive and emphasized that he has been visiting Nigeria for 25 years, even operating a bookshop in the NLC office in Abuja for seven years without any issues from the security forces.

😂😂😂😂😂

SpiritedCheer:
■ It is no longer about Tinubu, but Nigerians who refused to come out in overwhelming number to protest. If just 1 million Nigerians came out in one city, the overwhelming multitude would force the police and army would get out of the way. Tomorrow you guys would go online to call yourselves GIANT of Africa. Giant Cowards.

Fuel now costs Naira 1000 and they still have yet to show up to protest in large numbers.

timbabng:
■ This has nothing to do with that. FOIA is not absolute in any part of the world. You can't access all information, or else enemies of the state will have an advantage.

You can't access all information using FOIA, yes, however, in the case that you do gain access to information and then release it as a whistleblower, whistleblowing and stop-gap protection kick in. Both the FOIA and Corrupt Practices Acts of the ICPC provide coverage in those cases.

timbabng:
■ It clearly states "classified". Classified documents are not covered by the FOIA, and not only did he obtain classified documents, he reproduced and distributed it. He's going to jail.

That would be part of the whistleblowing aspect of things that are covered under the FOIA and ICPC. Whistleblowers are not criminals in even your Nigeria.

IfnobeGod20:
It was lawful but the method she used was very wrong. She took law into her own her own hand. The boy was arrested and kept in Aso rock instead of police station in Bauchi.

That is kidnapping!

Softmirror:
■ And then afterwards he was sent to prison.

The initial arrest was illegal to begin with since that was instead a civil case. No law in Nigeria gives anyone authority to illegally detain/arrest any person for any reason.

IfnobeGod20:
Which kind thing be this? Charge for sponsoring protest and money laundering because he accepted money for the work done. Nigeria have gone low in the hands of desperate politicians.

That one is not even the most ludicrous of them all. Check out Charge #3 where he is accused under the Official Secrets Act of 1962. It is not inferred that he illegally obtained the information meaning he is covered under FOIA, and FOIA does not bar anyone who receives information on the government from retransmitting the same information to other members of the public. So, why in the world would the government think it would make sense to charge him for doing exactly that?

Lizzysamuel:
David Hundeyin

Source, please!

prof22:
Do you know the number of people wrongfully jailed for years in those saner climes? Most of you are just kids with beards. Abroad is not heaven, your view about that side is not what it is...they just dont use their press to show these things.

Wrong imprisonment due to bad trials is not to be compared with illegal detainment of people(all without evidence— circumstantial or otherwise).

prof22:
2pac has been killed for over 30years, they are still on the case. That's a country not governed by vultures

See this one!

How many of those people being tried today for the case were detained for longer than 48 hours? Are you people for real? The case continues because the statute of limitation has not expired and new evidence was obtained. That does not mean the US government without evidence threw potentially innocent people in jail like your government has done here for all that time.

Oghene86:
■ Because this is very foolish of them to tow this line, the government would end up embarrassing itself

I hope the government continues so we can finally get the innocent protestors out of the custody of this criminal government.

Oghene86:
■ Do the Nigerian government want to tow this line, they will loose this battle

I really hope this issue is brought to international attention so the Nigerian government, and its people, can be humiliated on a large stage yet again.

dkidd:
And this is the democracy we practice? This one is even worse off than Gen. Abacha's regime.

This is instead the type of democracy that the Nigerian people have chosen for themselves, a system crippled by the absence of the voice of the people, the very driving force of a living democracy.

The death penalty is legal in Nigeria yet terrorists who destroyed the lives of many 10's of thousands were pardoned and given jobs in Nigeria's security apparatus, a move which proved the stewpidest of ideas.

Day169:
■ Wait a minute, it's either that Nuhu has now teamed up with them or he dint get his facts right at the beginning when he accused these figures.

That part in bold is not possible since all Nigerians are aware that the financial profiles of each of these men ballooned beyond that of the mere salaries they collected after their terms as governors!

Patxyz:
In 2006, the EFCC chairman Nuhu Ribadu came before the Nigeria Senate and listed five(5) most corrupt state governors and they are:
▶Orji Kalu of Abia State,
▶Ahmed Bola Tinubu of Lagos state,
▶Ahmed Sani yerima of zamfara state,
▶God'swill Akpabio of Akwa-Ibom State,
▶George Akume of Benue State
▶and Chimaroke Nnamani of Enugu State.
Surprisingly in 2024 Orji Kalu now senator,
▶Bola Ahmed Tinubu now President,
▶Ahmed Sani Yerima now Senator,
▶George Akume now SGF,
▶God'swill Akpabio now Senate President,
▶Chimaroke Nnamani now Senate
▶ and the then EFCC Chairman Nuhu Ribadu who made the list, is now Tinubu National Security Adviser.
Which way Nigeria.

WOW... what a nation and people!

cucumbar:
Something he never intended? I think there is a video in circulation where he specifically mentioned it during his campaign. He was not suppose to reveal it. The earlier people know that all these poverty on the masses are deliberate, the better.

I instead said he may not have intended it as it could be the case. Not certain if this was his intention all along...to further impoverish over 180 million Nigerians as it stands.

Omooba77:
↪But Falana lamented that there are so many things the NNPCL and the Federal Government are not telling Nigerians.
He said, “How many people have bought a car in the last one and a half years, even second-hand cars (in Nigeria)? The point I am making is that the number of vehicles on the road has been reduced. Yet, we were told that during the days of boom, the NNPCL was subsidising 68 million litres of fuel per day.
“Now that there are problems, scarcity, and poverty everywhere, no new vehicles on the road, we are still paying for 68 million litres of fuel. Whereas before this regime came on board, the Comptroller General of Customs challenged the NNPCL during a Senate public hearing to pay for the amount of fuel that is said to be smuggled out of the country.”
While backing the call, Falana said emerging reports have since suggested that the NNPCL is not telling Nigerians everything it claimed to know about the smuggling of crude in the country.
According to him, smugglers need 2,000 petrol tankers to scoop away the volume of fuel the corporation claimed is being stolen frequently.
“This is because we man the borders and you will need about 2,000 tankers to take out the amount of fuel the NNPCL claimed was being smuggled out.
“So what has changed? This is the time to expose the monumental fraud that has characterized the importation of fuel,” he stated

Falana has it all wrong! Technically, Tinubu has merely accomplished what he proposed back in 2019 which is to widen the tax net so that every Nigerian, including the impoverished, is made to pay taxes even if in suffering. In so doing, he has also reduced the purchasing power of Nigerians, something he may not have intended.

https://www.youtube.com/watch?v=YZA_vYoWXQg

Standing5:
✓Fewer pollution.
✓Let all the owambe crew rest. Anambra burial specialist too. Ijebu socialites added. Yariyas and abokis.
We pay attention to activity and not productivity.

Abi o! 😁 We can count these among this administrations achievements as is the style among Nigerians.