The President and a public servant’s right to privacy

There are arguments as to whether President Muhammadu Buhari, being a public servant, can go on a ‘private visit’. Put in another way, being a public official, does the President’s right to privacy extend to going on private missions and ‘vacations’?

The right to private and family life of all citizens is guaranteed under Section 37 of the Constitution. However, public servants and officials are public properties. In this sense, it means that once they assume political offices, they are now public personalities whose lives and activities are a matter of public knowledge. Instructively, the critical moves and actions of public officials that are of national importance and relevance are not to be treated personal but public. They no longer just represent themselves but the electorate and their constituencies. So, their lives and activities, especially with regard to the office being held, should not be kept private to the public.

The learned scholar, N. Dimgba, argued that “being public figures, such citizens have freely waived their right to privacy by necessary implication”. Although there has yet to be any statutory provision to this effect, it is humbly canvassed that public officials should by implication of their status lose their “official” privacy and this does not necessarily open the floodgate for defamatory publications against them.

Matters of public interest should not be kept private and should be seen as a strong defence to an action for breach of privacy. What, then, constitutes public interest? Our courts have made attempts to give a few answers. In Adikwu v. National Assembly (1982) 3 NCLR 398 and Tarka v. Sketch (1978) CCHC 268, the Supreme Court defined public interest to mean issues concerning the government of the day as well as its leaders. See also Nigeria Textile Mills v. Punch (Unreported Suit No. ID/768/84 of 13/61986).

Consequently, it is wrong to conceal information about the President and his activities, especially those of public importance. It is against the spirit of constitutional democracy.

The President’s vacation is not just illegal but also shows a high level of insolence and embarrassment on the persons of Nigerians. President Buhari owes the people of Nigeria explanations about his unauthorised visit since he is carrying about the emblem of the entire citizenry. Additionally, the bills of his travels, accommodation and all incidental costs are footed by our collective resources.  Why then should the vacation be shrouded in secrecy?

President Buhari owes Nigerians an unreserved apology. This is premised on the grounds that the powers of government are delegated by the people through the constitution. In fact, sovereignty belongs to the people of Nigeria — Section 14(2)(a) of the Constitution. So, the President must treat the citizens with care, dignity and proper regard.

Let me conclude with the alluring words of the late sage, Chukwudifu Oputa, JSC: “The fault is not in our stars but ourselves. It is not in our past constitutions but in our failure to obey law, to respect and revere the most fundamental of all our laws — Our Constitution”.

  • Festus Ogun is a final year Law student of Olabisi Onabanjo University. Festusogunlaw@gmail.com <mailto:Festusogunlaw@gmail.com>. 09066324982

(PUNCH)

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