Electoral Violence And Slain 10 NYSC Members: Partial Compensation Without Prosecution Is NotJustice

By Sam Itodo
Abuja, Nigeria: Monday 1 July 2013 - The Secretary to the Government
of the Federation SGF, has responded to the FOIA request made by a
group of Youth organizations to release the report on the state of
payment of compensation to the families of the deceased youth corps
members who were slain in Bauchi state during 2011elections and the
status of the prosecution of those arrested in relation to their
gruesome murder. A similar request was also made to the National
Youth Service Corps and the Independent National Electoral Commission
but neither of the two offices has responded to the request.
On April 23, 2013, a group of youth organizations: Youth Initiative
for Advocacy, Growth & Advancement (YIAGA), Centre for Public Policy &
Research (CPPR), Cybercrimes Awareness & Fiscal Accountability
Foundation (CAFA), Human Rights Volunteer Initiative (HURVI) and
YouthHub Africa, in accordance with the Freedom of Information Act
(2011), made a request to the Secretary to the Government of the
Federation, National Youth Service Corps (NYSC) and the Independent
National Electoral Commission (INEC) demanding the release of the
report of the state of payment of compensation to the families of the
deceased youth corps members who were slain in Bauchi state during
2011elections and the status of the prosecution of those arrested in
relation to their gruesome murder.
In his response, the SGF provided a report with detailed information
on the state of the payment of compensation. The report states that on
May 10, 2011, the following compensation was paid to each of
thefamilies of the ten slain corps members during the 2011
post-election violence in Bauchi State:
1. The sum of Five Million Naira (N5, 000,000) ;
2. The sum of 100,000 as transport fare for the representatives of the
familiesto come to Abuja;
3. The Sum of One Million Naira (N1, 000,000) as NYSC Insurance Cover.
However, there was no mention of the automatic employment for siblings
of the deceased NYSC members into the Federal Civil Service. Recall
that the Federal government at a special session hosted in the villa
by President Jonathan in 2011, promised as compensation automatic
employment for siblings of the deceased corps members into the federal
civil service.
The SGF had in a memo dated 8th May,2013 and signed by Mr Charles
Bonat, Permanent Secretary (GSO), requested the groups to contact the
National Youth Service Corps Directorate Headquarters which handled
the payment of the compensation to the families of the ten (10) slain
Corps members.
In compliance with the SGF's directive, the groups in a letter dated
4th June 2013, forwarded another memo to the Director General,
National Youth Service Corp, Brig-Gen Nnamdi Okore-Affia notifying him
of the SGF's directive that the groups should follow-up on the FOIA
request at the directive since the NYSC handled the payment of the
compensation to the families of the ten (10) slain corp members.
It is worthy of note that the groups previously sent a FOIA request to
the NYSC DG's office demanding information on the status report on the
payment of compensation to the families of the dead corp members.
Despite the 7 days stipulated period under section 4 of the FOI Act
2011, the DG NYSC has consistently ignored FOIA request forwarded to
his office.
Photocopies of Oceanic Bank cheques,e-Payment Mandate Form to Unity
Bank, copies of internal and external memos on the payment were
attached as annexures to the report.
Speaking on behalf of the youth groups, the Head of Research, Policy
&Advocacy, YIAGA, Samson Itodo, commended the Secretary to the
Government of Federation for obeying the law by providing the
information requested. According to him, the SGF is setting a good
precedent that other public institutions should emulate. The Freedom
of Information Act, 2011 is anenforceable law in Nigeria hence our
avowed conviction that every public institution or agency must respect
the law at all times.
He expressed the disappointment of the youth group in the Independent
National Electoral Commission for failing to provide information
sought using the FOIA on the status of prosecution of electoral
offenders. Section 150 of the 2010 Electoral Act vests the power to
prosecute electoral offences in the Commission. In recognition of this
statutory provision, the groups forwarded a FOIA request to the
Commission in April 2013 demanding a status report on the prosecution
of those arrested in connection with the death of the 10NYSC members
who were killed whileon national election duty. Till date, INEC has
failed to respond to the FOIA request. It is important to note that
the continuous non-disclosure of the requested information by the
Commission is a violation of the provisions of the Freedom of
Information Act, 2011.It is obvious that INEC has not satisfactorily
performed the responsibility vested on it by virtue ofSection 150,
Electoral Act, 2010 to prosecute electoral offences. It is worthy of
note that the Chairman of INEC, Professor Attahiru Jega, on numerous
occasions proclaimed INEC's lack of capacity to prosecute electoral
offenders which accounts forthe Commission inability to undertake
timely prosecution of offenders.
The group called for the passage of anElectoral Offenses Commission
Bill that seeks to establish an Electoral Offences Commission saddled
with the responsibility of investigation and prosecution of electoral
offenses thus relieving INEC of the onerous task of prosecuting
electoral offense. This is consonance with the recommendation of the
Justice Uwais Electoral Reform Committee.
As we match towards the 2015 elections we will continue to stimulate
discourse on the continued involvement of NYSC members in the
management of elections. While we support INEC's decision to use NYSC
members for the 2015 elections, we will not hesitate to resist through
civil means any attempt by the Commission to deploy young people for
elections, if their safety and security is not guaranteed.