SERAP Sues CCB Over ‘Claim On Privacy Of Asset Declarations Of Presidents, Govs’

Socio-Economic Rights and Accountability Project (SERAP) has
filed a lawsuit 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 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.

MNJTF Eliminates 47 Terrorists, Recovers Sophisticated
Weapons

In continuation of the on going Operation YANCIN TAFKI to rout
Islamic State West Africa Province (ISWAP) from the Lake Chad Area,
the Multinational Joint Task Force (MNJTF) in conjunction with
national forces yesterday, 21 June 2019, inflicted the heaviest
loss in 6 months on ISWAP.

At about 6am yesterday, 21 June 2019, troops embarked on
clearance operation to Doron Naira (an island in Lake Chad), in a
bid to disrupt ISWAP’s activities on the island and adjoining
localities. Troops effectively suppressed ISWAP and successfully
conducted the clearance operation. At the end of the engagement,
the following statistics were recorded;

– 42 terrorists neutralized, several others escaped with gunshot
wounds.

– 2 Gun trucks destroyed .

– 3 Motor cycles destroyed.

– 2 Light machine guns recovered

– 2 AK 47 Riffles recovered.

Unfortunately, the MNJTF lost a soldier while 10 others were
Wounded in Action. The affected soldiers have been evacuated
accordingly.

Earlier in the week, ISWAP also met a similar fate when they
attempted to attack MNJTF troops in Sector 1 Foward Operation Base
(FOB) in Ngouma in Cameroon. In that engagement, ISWAP lost 5
terrorists, while 1 was captured. They also lost 13 AK 47 Riffles
and 2 Hand Grenades.

Similarly, the MNJTF also conducted air interdictions in Arege
and Malkorony. Several terrorists are suspected to have been killed
as the Headquarters and logistics base of a top ISWAP commander,
Abu Talib was targeted in that operation.

Please, disseminate this information to the general public.

Colonel Timothy Antigha

Chief of Military Public Information

MNJTF

N’Djamena – Chad