Members, Code of Conduct Bureau, CCB
A
lawsuit has been filed in the Federal High Court, Lagos against the
Code of Conduct Bureau (CCB) over the CCB’s claim that it could not
disclose details of asset declarations submitted to it by successive
presidents and state governors since 1999 because doing so “would
offend the right to privacy of presidents and state governors.”
The
CCB had last week refused a Freedom of Information request by
Socio-Economic Rights and Accountability Project, SERAP, stating
that: “Asset declaration form is private information.”
But
in the suit number FHC/L/CS/1019/2019 filed last Friday, SERAP
argued: “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.”
According
to SERAP: “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.”
SERAP
also argued that: “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.”
The
suit filed by SERAP counsel Adelanke Aremo read in part: “The right
to receive information without any interference or distortion should
be based on the principle of maximum disclosure, and a presumption
that all information is accessible subject only to a narrow system of
exceptions. It is a settled principle of law that details such as
asset declarations of presidents and governors should be disclosed if
there is an overriding public interest in having access to such
information, which is clearly so in this matter.”
“Democracy
cannot flourish if governments operate in secrecy, no matter how much
open discussion and debate is allowed. The very nature and quality of
public discussion would be significantly impoverished without the
nourishment of information from public authorities such as the CCB,
and to guarantee freedom of expression without including the right to
know would be a formal exercise.”
“The
CCB has an obligation to proactively keep, organize and maintain all
information or records about their operations, personnel, activities
and other relevant or related information or records in a manner that
facilitates public access to such information or record.”
“Given
that many public officers being tried for or convicted of corruption
are found to have made a false declaration of their assets, the CCB
should no longer allow politicians to undermine the sanctity and
integrity of the asset declaration provisions of the Constitution by
allowing them to continue to exploit legal gaps for illicit
enrichment.”
“While
elected public officers may not be constitutionally obliged to
publicly declare their assets, the Freedom of Information Act 2011
has now provided the mechanism for the CCB to improve transparency
and accountability of asset declarations by elected public officers.”
“Allegation
of false or anticipated declarations by public officers apparently to
steal or mismanage public funds is a contributory factor to Nigeria’s
underdevelopment and poverty level. All efforts to get details of
asset declarations by presidents and state governors have proved
abortive.”
“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.”
“Persistent
refusal by successive presidents and state governors to make public
their asset declarations is entirely inconsistent with the letter and
spirit of the 1999 Constitution, and has been particularly harmful to
the country and its people, especially given the widespread evidence
of grand corruption among politicians holding public offices in
Nigeria.”
“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.”
“It
is a settled cardinal principle of statutory interpretation that
where in their ordinary meaning the provisions are clear and
unambiguous, effect should be given to them without resorting to
external aid. SERAP therefore submits that the use of the word
“shall” in sections 2 and 4 of the FOI Act 2011 connotes that the
provisions are mandatory and must be complied with to the extent
provided by the Act.”
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.
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
No date
has been fixed for the hearing of the suit.
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