A federal high court in Lagos has
granted the application filed by the Socio-Economic Rights and Accountability
Project (SERAP) seeking to compel the Code of Conduct Bureau (CCB) to disclose
details of assets declared by public officials since 1999.
SERAP had filed a suit against
the CCB over its claim that it could not disclose details of asset declarations
submitted to it by public officials.
Through a freedom of information
(FoI) request, SERAP had asked the CCB to urgently provide information on asset
declaration submitted to the bureau by public officials from 1999 to 2019.
But the bureau had said the
information requested could not be provided on the grounds of “invasion of
privacy”.
In an application filed by
Adelanke Aremo, SERAP’s counsel, the organisation sought an order of mandamus
directing and compelling the CCB to disclose details of asset declarations
submitted to it.
The civil society organisation
had argued that the assets declaration form is a public document and not
private information as claimed by CCB.
“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 in
part.
“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.
“The right to information and
truth allows Nigerians to gain access to information essential to the fight
against corruption, institutionalise good governance and improve citizens’
confidence in public institutions.”
Delivering judgement on
Wednesday, Muslim Hassan, the presiding judge, granted the order for leave
following the hearing of the argument on exparte motion filed by SERAP.
“Going through the Application
filed by SERAP, supported by a 14-paragraph affidavit, with supporting
exhibits, statements setting out the facts, verifying affidavits and written
address in support, I am satisfied that leave ought to be granted in this case,
and I hereby grant the motion for leave,” the judge ruled.
Kolawole Oluwadare, SERAP deputy
director, said the order by the court has cleared the way for the organisation
to advance its case against the CBB and challenge the grounds for its refusal
to publish the information requested.
The suit was adjourned to October
16 for motion on notice.
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