The Socio-Economic Rights and
Accountability Project (SERAP) has filed a suit against the Code of Conduct
Bureau (CCB) over its claim that details of President Muhammadu Buhari’s assets
cannot be disclosed on the grounds of privacy.
Kolawole Oluwadare, SERAP deputy
director, in a statement, said the suit was filed at the federal high court in
Lagos on Friday.
A freedom of information (FoI)
request by SERAP had asked the CCB to urgently provide information on asset
declaration submitted to the bureau by successive presidents and governors from
1999 to 2019.
The bureau in its response stated
that the information requested cannot be provided on the grounds of “invasion
of privacy’.
In the filed suit, the civil
society organisation argued that the assets declaration form is a public
document and not private information as claimed by CCB.
The suit number
FHC/L/CS/1019/2019 filed by Adelanke Aremo, SERAP counsel, is seeking a court
order directing CCB to make public details of asset declarations submitted to
it by successive public officials.
“Asset declarations of presidents
and state governors submitted to the CCB are public documents. Public interest
in disclosure of the details of asset declarations sought by SERAP clearly
outweighs any claim of protection of the privacy of presidents and state
governors, as they are public officers entrusted with the duty to manage public
funds, among other public functions,” the suit read.
“A necessary implication of the
rule of law is that a public institution like the CCB can only act in
accordance with the law, as to do otherwise may enthrone arbitrariness. The CCB
does not have reasonable grounds on which to deny SERAP’s FOI request, as it is
in the interest of justice, the Nigerian public, transparency and
accountability to publish details of asset declarations by presidents and state
governors since the return of democracy in 1999.
“Disclosing details of asset
declarations of public officers such as presidents and state governors would
improve public trust in the ability of the CCB to effectively discharge its
mandate. This would in turn put pressure on public officers like presidents and
state governors to make voluntary public declaration of their assets.
“Sections 1, 2, 4, 7, 9, 20 and
31 of the FOI Act are clear and unambiguous, stating a clear intention to make
public information such as details of asset declarations by presidents and
state governors more freely available to the members of the public and a clear
obligation on the part of public institutions to proactively keep proper
records in a manner that facilitates public access to such information or
record.”
SERAP is therefore seeking the
following reliefs:
“AN ORDER granting leave to the
Applicant to apply for judicial review and to seek an order of mandamus
directing and compelling the Respondent to compile and make available to the
Applicant information on specific details of asset declarations submitted to
the Code of Conduct Bureau by successive Presidents, Vice Presidents, Senate
Presidents, Speakers of House of Representatives, State Governors and Deputy
Governors from 1999 to 2019 and to publish widely including on a dedicated
website, any such information,” it read.
“AN ORDER granting leave to the
Applicant to apply for judicial review and to seek an order of mandamus
directing and compelling the Respondent to compile and make available to the
Applicant information on the number of asset declarations so far verified by
the Code of Conduct Bureau and the number of those declarations found to be
false and deemed to be in breach of the Code of Conduct for Public Officers by
the Bureau and to publish widely including on a dedicated website, any such information.
“AN ORDER granting leave to the
Applicant to apply for Judicial Review and to seek an order of mandamus
directing and compelling the Respondent to immediately take cases of false
asset declarations to the Code of Conduct Tribunal for effective prosecution of
suspects, and include banning the politicians involved from holding public
offices for at least a period of 10 years and seeking refund of stolen public
funds as part of the reliefs to be sought before the Tribunal.
“AND for further order or orders
as this Court may deem fit to make in the circumstances.”
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