The Socio-Economic Rights and Accountability Project, SERAP,
has asked an Abuja Federal High Court to order President Muhammadu Buhari, Vice
President Yemi Osinbajo and all state governors to publish their assets.
SERAP gave the call in a lawsuit filed before the court,
wherein it said the above mentioned should “make public details of their
assets, specifically property and income, contained in their asset declaration
forms submitted to the Code of Conduct Bureau (CCB) since assuming office.”
In the suit number FHC/ABJ/CS/65/2020 filed last Friday,
SERAP is seeking: “an order for leave to apply for judicial review and an order
of mandamus to direct and/or compel President Buhari, Vice-President Osinbajo,
36 state governors and their deputies to make public their summary of assets;
disclose whether they have had any reason to review and update their asset
declarations submitted to the CCB, and if the declarations have been made as
constitutionally and statutorily required.”
A statement sent on Sunday, by Kolawole
Oluwadare, its Deputy Director, SERAP also sought: “an order to compel
President Buhari, Vice-President Osinbajo, 36 state governors and their
deputies to disclose whether they have received any confirmation of the
verification of their asset declarations by the CCB and to disclose whether
they have taken any steps to encourage members of their cabinet to also submit
their asset declarations to the CCB, and to make such declarations public.”
The suit followed SERAP’s Freedom of Information (FoI)
requests dated 3 January 2020, expressing concern that: “The non-public
disclosure by public officials of their summary of assets undermines the
effectiveness and integrity of the constitutional and statutory obligations to
submit asset declarations, especially given that declarations are designed to
curb grand corruption, and weakens the public trust in the asset declaration
regimes.”
According to SERAP, only two states—Lagos state and Niger
state—have responded to its FoI requests. But both states declined the requests
to make public the assets of their governors and deputies, on the ground that
“the FoI Act is inapplicable to state governments, their agencies and
officials, and that only houses of assembly of states are constitutionally
empowered to make laws on public records of states.”
Also, while reacting to SERAP FoI request to President
Buhari, Mr Femi Adesina, Special Adviser to the President on Media and
Publicity, had said: “SERAP asking the president to declare publicly, on the
basis of what law? The president will do what the law requires of him and what
the law requires is that he should declare his asset which he has done.
Declaring publicly is not in our laws; it can only be a voluntary thing.”
SERAP is also seeking: “a declaration that the failure of
President Buhari, Vice-President Osinbajo, 36 state governors and their
deputies to provide SERAP with the requested information on their assets
constitutes a breach of SERAP’s right under the FoI Act, 2011, and such further
order(s) the Honourable Court may deem fit to make in the circumstances.”
The suit filed on behalf of SERAP by its counsel Kolawole
Oluwadare, read in part: “The advantages that the general public would gain
from being informed about the summary of assets declarations submitted to the
CCB outweigh any perceived privacy or inconvenience if the court orders the
details to be made public as sought by SERAP.”
“By a combined reading of the Constitution of Nigeria 1999
(as amended), the FoI Act, and the African Charter on Human and Peoples’
Rights, President Buhari, Vice-President Osinbajo, 36 state governors and their
deputies ought to be directed and compelled to make public their asset
declarations as submitted to the CCB.”
“The reliefs sought are constitutionally and statutorily
grounded and based on Nigeria’s international transparency obligations. The
reliefs sought do not clash with the rights to privacy and data protection.
Both rights are not absolute and can be restricted provided there is a basis in
law and a legitimate public interest justifies the restriction. Prevention of
grand corruption and exposing unexplained wealth of officials are serious and legitimate
public interests.”
“SERAP and indeed the general public have a legitimate
interest in ascertaining and scrutinizing the veracity, exactitude and honesty
of the information contained in asset declarations submitted by public
officials to the CCB. Without public disclosure of summary of assets, this
would have no practical importance.”
“Public disclosure of summary of assets submitted to the CCB
would help uncover any irregularities and trigger formal verification of
declarations by the CCB and other anti-corruption agencies, be entirely
consistent with the government’s expressed commitment to prevent and combat
corruption, provide a safeguard against abuse, and serve as an incentive to
public officials to provide exact information when filing and submitting their
asset declarations.”
“Any perceived claim of interference with the right to
privacy are sufficiently foreseeable for the purposes of the legal requirements
for asset declarations by public officials, given that public-disclosure of
summary of assets would undoubtedly contribute to the legitimate aim of asset
declaration regimes to prevent corruption, as it would ensure transparency
regarding the details of those assets.”
No date has been fixed for the hearing of the suit.
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