CCB May be
CCB May be Compelled to publish Asset declarations of
Presidents, Govs’
There is prospect Nigerians keen on knowing details of asset
declarations of presidents and state governors may soon have some
answers, as the Socio-Economic Rights and Accountability Project
(SERAP) has won the latest round in the legal battle to compel the
Code of Conduct Bureau (CCB) to disclose details of asset
declarations submitted to it by successive presidents and state
governors since the return of democracy in 1999.
Justice Muslim Sule Hassan of the Federal High Court in Ikoyi,
Lagos, this morning ruled that, “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.”
Justice Hassan granted the order for leave following the hearing
of an argument in court on exparte motion by SERAP counsel,
Adelanke Aremo.
The suit number FHC/L/CS/1019/2019 filed in June followed 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 order by Justice Hassan has now cleared the way for SERAP to
advance its case against the CBB and to challenge the grounds for
its refusal to publish the information requested. The suit is
adjourned to 16th of October, 2019 for motion on notice.
In the suit, SERAP is applying for judicial review and to seek
an order of mandamus directing and compelling the CCB to disclose
details of asset declarations of all presidents and state governors
since 1999.
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.
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.
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.
Kolawole Oluwadare
SERAP Deputy Director