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Cabinet policy obliges ministers to delete instant messages

Ministers and civil servants are required by cabinet policy to set instant messaging chats to delete automatically, it has been revealed, as a judicial review over the government’s use of self-destructing messages was given the go-ahead.

The not-profit organisation the Citizens says the use of disappearing messages, which has been described as “government by WhatsApp”, violates British law on public records and freedom of information.

Its legal challenge comes amid concerns that the likes of WhatsApp and Signal, which have a disappearing messages option, are being used to avoid scrutiny of decision-making processes, including on significant issues such as the government’s coronavirus response.

At a high court hearing in London on Tuesday, it was revealed that the Cabinet Office’s “information and records retention and destruction policy”, disclosed in response to the Citizens application for a judicial review, obliges officials to delete instant chats.

The policy says: “Instant messaging is provided to all staff and should be used in preference to email for routine communications where there is no need to retain a record of the communication. Instant messages history in individual and group chats must be switched off and should not be retained once a session is finished. If the content of an instant message is required for the record or as an audit trail, a note for the record should be created and the message content saved in that.”

The Citizens says making a separate note, as opposed to preserving the actual message, is insufficient to comply with the law. Other documents disclosed ban the use of personal phones, email and WhatsApp by ministers and civil servants. The Citizens, which is being supported by the campaigning law group Foxglove, says the policies are “a confusing, contradictory mess”.

It is challenging the lawfulness of:

Use for government business of instant messaging services that allow messages to be automatically deleted, permanently, within a short period of receipt by ministers, civil servants and special advisers.
Cabinet Office policy requiring the use of automatic deletion within all instant messaging services.
Use for government business of personal devices, email and communications applications in breach, it says, of the government’s own policies.

After Mrs Justice Lang granted permission for the case to go to full judicial review, Clara Maguire, the director of the Citizens, said: “This is a good day for democracy. Lack of transparency has been at the heart of the UK government’s disastrous handling of the Covid catastrophe as today’s parliamentary report points out so clearly.

“It says that a culture of secrecy contributed to tens of thousands of excess deaths. We believe this case goes to the very heart of this problem and we look forward to proving government by WhatsApp is not only dangerous but also unlawful.”

The non-profit organisation argues the use of instant messaging makes it impossible to carry out required legal checks about whether a message should be archived for posterity. Information that could be useful to a public inquiry, or otherwise fall within the scope of a freedom of information request, may be lost as a result.

Cori Crider, the director of Foxglove, said: “Government by WhatsApp is an existential threat to Britain’s historical record. From people in positions of public trust, the law – and the country – require more.”

In July, the information commissioner announced an investigation into the use of private correspondence channels at the Department of Health and Social Care.

A Cabinet Office spokesperson said: “Ministers will use a range of modern forms of communication for discussions, in line with legislative requirements, and taking into account government guidance.”

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Those found guilty of corruption should not enjoy pardon —AGF

The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has stated that those found guilty of corruption should not be granted state pardons. He also advised law enforcement agencies to avoid shoddy investigations, urging them to have all necessary facts before summoning individuals for questioning.

The AGF made these remarks at a roundtable organized by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for state Attorneys-General in Abuja on Monday. “I will suggest in our next constitution review exercise that we expunge those found guilty of corruption from benefiting from powers of ‘Prerogative of Mercy’ to serve as a deterrent to others,” he said.

In a statement by Kamarudeen Ogundele, Special Assistant to the President on Communication and Publicity, Office of the AGF and Minister of Justice, Fagbemi emphasized the importance of cooperation from all stakeholders, particularly the Attorneys-General, in the fight against corruption. He urged them to avoid nepotism, political witch-hunting, rivalry, and bigotry in their efforts to fight corruption merely to please their governors.

The minister further stated that there should be no justification for rationalizing corruption or other crimes. He advised that legal opinions on cases should be based strictly on facts, as is the practice in advanced countries, adding, “We should not give in to public sentiments. In Nigeria, we are polarised along political lines.”

The AGF also urged participants and anti-graft agencies to conduct thorough investigations before arresting suspects to prevent unnecessary media trials. “Let us be thorough and take our time before inviting someone for questioning. Don’t do a shoddy job and be quick to say we have caught a big fish…You will catch a big fish. If it is two or three big fish you are able to get in a year and you are thorough, it is alright,” he stated.

Additionally, Fagbemi advised against filing exaggerated or bogus charges against defendants to create public frenzy. He said, “Nobody wants a 50-count charge…make it five or six and be sure. Make sure you get him (suspect) in.”

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Tinubu condoles with families of victims, Niger govt over traffic petrol tanker explosion

President Bola Tinubu has sent heartfelt condolences to the government and people of Niger State on the petrol tanker explosion on the Bida-Agaie-Lapai- road on Sunday in Niger State, which claimed the lives of 48 people and livestock.

According to the Niger Emergency Management Agency (NEMA) and the Federal Road Safety Corps (FRSC), many people were injured in the accident, which also involved a truck loaded with cattle and passengers.

President Tinubu commiserated with the families of the dead and injured victims. He also sympathised with the owners of shops affected by the tragedy.

He prayed for the speedy recovery of the injured.

The President commended the federal and state emergency agencies for their swift response. He similarly commended the good-spirited Nigerians who mobilised to the incident scene to assist the victims.

He pledged continued support for efforts aimed at providing relief to those affected.

President Tinubu has directed relevant federal agencies in transportation and road infrastructure to redouble their efforts and work with state governments to enhance the safety and security of travellers and residents.

News

Nigerian businessman Ogionwo charged for $300,000 scam in Oil deal

The Inspector General of Police, through legal officer S.O. Ayodele from the Federal Criminal Investigation Department, Alagbon Close, Ikoyi, Lagos, has filed a two-count charge of obtaining money by false pretenses and theft against Nigerian businessman Ebi Otisaye Ogionwo.

In the charges presented before the Federal High Court in Lagos, Ayodele alleges that in 2022, Ogionwo fraudulently obtained $300,000 from Mr. Oluwatosin Adefila of Beltzemo Nigeria Limited. The funds were purportedly meant to finance an oil trading business, but this representation was false.

The charges against Ogionwo are in violation of Section 1 (1) (c) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Related Offences Act 2006.

The two count charge as filed before the court

Count one:

That you, Ebi Otsaye Ogionwo “M” sometimes in 2022,in Lagos, within the Judicial Division of this Honorable Court, did by false pretence and with intent to defraud obtained the sum of Three Hundred Thousand Dollars (S300,000:00) from one Mr. Oluwatosin Adefila of Boltzemo Nigeria Limited under the guise of using the said funds for financing Oil Trading Business, a representation you knew to be false and thereby committed an offer contrary to Section 1(1)(c) and punishable under section 1(3) of the Advance Fec,raud and other Related Offences Act 2006, Laws of the Federation of Nigeria.

Count two:

That you Ebi Otsaye Ogionwo “M” on the same date, time and place, and in the aforementioned Judicial Division of the Federal High Court, did steal the sum of Three Hundred Thousand Dollars ($300,000.00) from one Mr.Oluwatosin Adefila of Belztzemo Nigeria Limited and thereby committed an offence contrary to section 383 and punishable under section 390 (9) of the Criminal Code Act,Cap C 38,Laws of the Federation of Nigeria,2004.

Meanwhile, 14th of October, 2024 has been fixed for the arraignment of the defendant.