Code Of Conduct Bureau
The Code of Conduct Bureau has refused to release copies of
asset declaration forms of some prominent Nigerians more than seven
days after Saturday Punch sent a letter of request to the
bureau.
Relying on the provisions of the Freedom of Information Act
2011, Saturday Punch had on January 24 written to the CCB asking
for copies of asset declaration forms of the Chief of Staff to the
President, Abba Kyari; Secretary to the Government of the
Federation, Boss Mustapha; Minister of Labour, Dr Chris Ngige;
Minister of Works, Housing and Power, Babatunde Fashola (SAN);
Minister of Communication, Adebayo Shittu; and Minister of
Transportation, Rotimi Amaechi.
Other office holders Saturday Punch sought for their declaration
forms from the CCB were Minister of Information and Culture, Lai
Mohammed; Minister of Agriculture, Audu Ogbeh; Minister of State
for Transportation(Aviation), Hadi Sirika; Attorney-General of the
Federation and Minister of Justice, Abubakar Malami;
Director-General, DSS, Yusuf Bichi; and Finance Minister, Zainab
Ahmed.
In the letter signed by the Punch Head of Abuja Bureau, Olusola
Fabiyi, the bureau was also asked to provide the list of
defaulters.
The letter read in part, “Beyond the listed political office
holders’ asset declaration forms, kindly furnish us with the number
and names of political office holders who have yet to fill and
submit their asset declaration forms for whatever reasons.
“We will also want to know the number of names of political
office holders the Code of Conduct Bureau is investigating over
issues relating to asset declaration forms.”
The newspaper also urged the CCB to furnish it with the names of
political office holders, who had yet to comply with the bureau’s
directive to visit it for verification.
“Based on the provision of the FOI Act, we hope that our request
will be granted within seven days of your receipt of this letter,”
the letter also read.
But despite a number of reminders during the seven-day period
stipulated by the FoI Act, the CCB failed to respond to the letter.
As of close of work on Friday, February 1, 2019, the CCB had yet to
respond.
When Saturday PUNCH sought to know the reason for the agency’s
action, a top official in CCB simply told one of our
correspondents, “The letter is on the chairman’s table. Can he be
forced to respond?”
The FoI letter, which was addressed to the chairman of the CCB,
was received by the bureau with a copy acknowledged by the office
of the chairman on January 24, 2019.
The FoI Act provides that public institutions must make the
information requested available within seven days of receiving the
request.
The Act also said failure to give access to the information
requested for within the time limit provided by the Act is deemed
as a refusal of access.
Specifically, Section 7 (4) of the Act states, “Where the
government or public institution fails to give access to
information or record applied for under this Act or part thereof
within the time limit set out in this Act, the institution shall,
for the purposes of this Act, be deemed to have refused to give
access.”
And on the issue of time limit, Section 4 of the Act states,
“Where information is applied for under this Act, the public
institution to which the application is made shall, subject to
Sections 6, 7, and 8 of this Act, within seven days after the
application is received – (a) make the information available to the
applicant, (b) Where the public institution considers that the
application should be denied, the institution shall give written
notice to the applicant that access to all or part of the
information will not be granted, stating reasons for the denial and
the section of this Act under which the denial is made.”
But eight days after the application was filed and acknowledged
by the bureau, the information requested was not made available to
Saturday PUNCH, neither was there any written notice to state the
reasons for the denial.
Agbakoba, other SANs slam FG
Reacting to the development, popular lawyers, especially Senior
Advocates of Nigeria, on Friday kicked against the CCB’s action,
saying the agency had no legal basis not to respond to the letter
even if the request would not be granted.
They said the agency’s decision to keep mum had reinforced
rumours and belief that the anti-corruption war was one-sided.
A former president of the Nigerian Bar Association, Mr Olisa
Agbakoba, SAN, said the information in the asset declaration forms
of public officials should be released immediately upon request
because they were in the public interest.
He explained that the purpose of the asset declaration form was
to enhance probity and public accountability and the information
could not be deemed personal.
He said the idea of the CCB releasing the information to an
applicant and denying another applicant could not have been done in
good faith.
He added, “Generally, the FoI overturns the Official Secret Act
and it is to make public information accessible upon request. But
there is a proviso that says they (public institutions) can
withhold it for good public reasons or in the national interest.
But the CCB must state that in its response to the applicant.”
Recall that the suspended Chief Justice of Nigeria, Walter
Onnoghen, was suspended based on a petition filed by a civil
society group, Anti-Corruption and Research Based Data Initiative.
Led by Mr Dennis Aghanya, the group accused the CJN of false asset
declaration and other sundry allegations.
Aghanya had said that the ARDI had written a petition against
Onnoghen and commenced investigation against the senior judicial
officer about a year ago.
But there had been questions over how the organisation got
access to Onnoghen’s asset declaration forms if they were not
issued to him by the CCB.
Agbakoba said, “Clearly, it shows that the CCB is not acting in
good faith. If on one hand, it (CCB) would decline but on the other
hand releases information in respect of a very senior government
official, like the CJN, it has to justify why it is refusing the
request. Clearly, it puts into doubt its intentions.
“Asset declaration form cannot be personal information and if
the CCB sees it as one, it is part of the error. The purpose of
asset declaration is for probity and public accountability; so,
asset declaration is not personal.”
Another Senior Advocate of Nigeria, Mr Babatunde Fashanu, said
the CCB had no legal basis not to honour Saturday PUNCH’s
request.
He said, “There is absolutely no legal basis for the CCB not to
honour that request.
“In the first place, the CCB and the CCT are performing an open
public function and the people who are filling in their information
in these forms are public officers. So, since everything is for the
public, what would be their reason not to make it available? I
think it should be tested because I see no reason why the CCB
should not make the forms public.
“Why are they filling the forms before taking office and upon
leaving? Is it not for the public to know that they didn’t steal
and that they are not corrupt? If they don’t comply, somebody
should go to court.”
Also, a former vice-president of the NBA, Mr Monday Ubani, said
it was worrisome the public could not have access to the
information domiciled with the bureau despite the FoI Act, noting
that the purpose of the asset declaration form was to ensure
transparency and accountability in governance.
He said, “There have been several instances where people have
applied and they were never given. That is why people are surprised
how a private NGO was able to get that of the CJN and that is why
people are saying if the NGO has that access, the CCB should also
be ready to release the information to people who have requested
for information. That again shows some level of uncertainty and
duplicity in the application of our laws.”
Another SAN, Chief Mike Ozekhome, said there
was no legal basis for the CCB not to provide Saturday Punch with
the requested information.
He said, “There is no legal basis. You can go to court. It
reinforces what we have been saying that the anti-corruption fight
is selective.
“If the dossier of even just one, out of the more than 36
ministers close to Buhari, is exposed, the whole country will be
shocked by the haemorrhage that members of the council of executive
have subjected Nigerians to.
“Corruption is deeper and more cancerous today than ever before,
especially within the executive. One minister’s assets alone, if
shown to Nigerians, will make Onnoghen’s $10,000 deposit in local
domiciliary account look like child’s play.
“I dare the government and the CCB to throw open to Nigerians
the asset declaration forms of the President, the Vice-President
and all the ministers so that Nigerians can scrutinise and
determine who exactly are the corrupt Nigerians that we have today.
You will discover that the first 11 most corrupt Nigerians, to the
second 11, up to the third 11 all reside within the executive arm
of government in Nigeria today, led by the Presidency. So, I dare
them to do that, to show that the anti-corruption fight is not
selective.”
Another lawyer, Chief Ferdinand Orbih, SAN, faulted the refusal
of the bureau to release the official documents, saying, “Even
without the Freedom of Information Act, they (asset declaration
forms) should be available on demand, provided you are ready to pay
the fee and the officer in possession of the documents must certify
them and hand over the copies to you.”
The Executive Director, Media Rights Agenda, Mr Edetaen Ojo,
said, “I do not believe the Chief Justice of Nigeria can be
characterised as an “opposition” member but it is clear that the
CCB is selective in its enforcement of the assets declaration
requirements and uses it as a political weapon. If it is open to
making such a public show of the Chief Justice of Nigeria and his
assets declaration, whether the allegations against him are true or
false, then there can be no basis for the CCB to claim that it is
concerned about any public officer’s privacy or is interested in
protecting the privacy of those who have submitted their assets
declaration forms to the bureau.”
Buhari’s government playing to the gallery –PDP,
CUPP
Similarly, the Coalition of United Political Parties has
described the CCB refusal to grant access to asset forms of office
holders in line with the FoI Act as an indication that the present
administration is not committed to the anti-corruption war as being
claimed.
The coalition’s first national spokesperson, Imo Ugochinyere,
said this in an interview with one of our correspondents on
Friday.
Ugochinyere said, “It shows the President is only playing to the
gallery when he talks about his administration’s fight against
corruption. They should know that making these documents available
will go a long way to help the fight against corruption, if indeed
they are committed to the fight.”
Also reacting, the Peoples Democratic Party said the CCB’s
refusal to grant access to certain political office holders’ asset
declaration forms in line with the provisions of the FoI Act was
unconstitutional.
The PDP Deputy National Publicity Secretary, Mr Diran Odeyemi,
in an interview with one of our correspondents, said it was
evidence of bias by the All Progressives Congress-led Federal
Government.
Also, the National President of the Committee for the Defence of
Human Rights, Mr Malachy Ugwummadu, said the CCB had no legal basis
to deny Saturday Punch the information requested.
Efforts to speak with the Head of Information of the CCB, Mrs
Florence Dibiaezue-Eke, were not successful. She did not take her
call and did not respond to a text message sent to her by one of
our correspondents on the failure of the bureau to respond to the
letter.
-CCB’s refusal to release Buhari’s appointees’ forms shows lack
of accountability – Secondus
In his reaction, the PDP said the action of the CCB was a
confirmation that the Presidency was not ready to listen to
Nigerians.
It also said that it was a sign that the President Buhari-led
Federal Government was not bothered about the public perception of
the government.
The National Chairman of the party, Prince Uche Secondus, who
spoke with one of our correspondents, called on Nigerians to
impress it on the government to give account to them on its
activities.
He said if the request had been for the release of forms by the
opposition, the CCB would have released it without pressure.
He said, “Those who expect the APC-led Federal Government to
change its style may be living in the past.
“Recall that the Chairman of the APC, Adams Oshiomhole recently
said that the party forgives sinners? Maybe they are looking for
ways of either cleaning the forms of the affected officers or
outright withdrawal of the forms to enable then refill.
“You also recall that they said all those who have looted money
and are undergoing trial become saints as soon as they join or
identify with the ruling party?
“You therefore don’t expect such a party or its government
agency to willingly expose its sinful workers.”
Punch
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