Leaking Government Documents: A Serious Crime with Serious Consequences
My attention was brought to a publication by a Facebook page: Eke O. Ako making a case for the release of a gentleman named Nwabueze Onyekachi
Every action has its equal repercussion. Physics experiments discovered that to every action, there’s an equal and opposite reaction. I have mentioned times without number that he who comes to equity must come with clean hands.
It’s so funny that when a few fellow writers of mine, who were party to the bulkernization of Abia State finances and development opportunities, having failed in securing some juicy legal briefs after numerous attempts to get into the inner workings of Dr Alex Chioma Otti-led cabinet decided to punch his shadow at every junction. We are wise enough to see your folly. Yes, the governor may have made mistakes, have you spent times fasting and praying for him? If you do, you won’t have time to spend scarce oxygen to fight dirty. Keep exploring private channels to advice him and not just to seek juicy appointments. When a distinguished SAN, (name withheld) blew hot and threatened lawsuits, my guys went deaf, dumb and blind. Who’s fooling who? Now back to the matter at hand.
In the United States, leaking unauthorized government documents is governed by the Espionage Act, which criminalizes the disclosure of classified information. The Supreme Court has consistently upheld the government’s authority to classify and protect sensitive information, as seen in cases like New York Times Co. v. United States (1971).
In Britain, the Official Secrets Act regulates the disclosure of sensitive information, imposing severe penalties on those who leak unauthorized documents. British courts have demonstrated a willingness to balance national security concerns with freedom of speech, as evidenced by the landmark case of R v. Shayler (2002).
Nigeria’s legal framework is less defined, but the country’s Official Secrets Act, inherited from British colonial rule, remains in force. The 2011 Freedom of Information Act provides some protections for whistleblowers, but its effectiveness is hindered by limited enforcement. Nigerian courts have shown increasing willingness to protect press freedom and whistleblowers, as seen in cases like Global Integrity v. AGF (2017).
These jurisdictions illustrate the complexities of this matter Nigeria’s evolving legal landscape highlights the need for clearer guidelines on leaking sensitive information. Ultimately, navigating these complexities requires careful consideration of the potential consequences and implications.
The bottom line is this, we are dealing with a criminal case that border on sensitive government documents. The young man’s sponsors should seek back channels means to reach an agreement with guarantees to act responsibly next time. Critism comes with responsibility and not reckless
Dr Chukwuemeka Ifegwu Eke writes from the University of Abuja Nigeria.
