Why we can’t disclose assets of Buhari, ex-presidents – TheNigerialawyer

The Code of Conduct Bureau (CCB) says it cannot disclose the
assets of President Muhammadu Buhari and those of past public
office holders because it has not got their consent to do so.

The bureau said this in a written address filed in response to a
motion by Socio-Economic Rights and Accountability Project
(SERAP).

Recently, SERAP was granted leave by the court to file an
application for an order to compel the bureau to release the asset
declaration forms of current and past public office holders.

But in its response dated October 14, the bureau described the
section of the FOI enabling the release of asset declaration forms
as an “open confrontation with the constitution of Nigeria and
therefore void.”

It said SERAP has failed to show that it has sufficient legal
interest in the matter.

“The asset declaration forms of the Presidents, Vice-Presidents,
Senate President, Speakers of the House of Representatives, State
Governors and Deputy Governors since the return of democracy in
1999 to 2019 are in the custody of the CCB. But the public
officials have not consented to the disclosure of their asset
declarations forms. The CCB is not obligated to submit assets
declaration forms to any person,” the bureau said.

“The forms are not publicly available. SERAP has not shown that
it is in the public interest to disclose the information nor that
such public interest overweighs the protection of the privacy of
the Presidents, Vice Presidents, Senate Presidents, Speakers of the
House of Representatives, State Governors and Deputy Governors
since 1999 to 2019.

“Asset declaration forms contain personal information about
President and Ministers contain personal information about them and
their properties, assets and liabilities and those of their
wives/husbands and their children who are under the age of 18
years.

“The power of the CCB to refer suspects to the Code of Conduct
Tribunal is discretionary and the courts are circumspect in
granting mandamus in respect of discretionary powers and in the
circumstances of the case SERAP has an alternative and effective
legal remedy. This renders SERAP’s case incompetent.

“SERAP ought to have asked the CCB to investigate allegations of
non-compliance with the Code of Conduct and where appropriate refer
the matter to the Tribunal for prosecution.

“Asset declaration forms are special documents that have been
exempted by section 14 of the Freedom of Information Act. CCB can
only make the forms available on the terms and conditions to be
prescribed by the National Assembly. Those terms and conditions are
yet to be prescribed.”

Buhari has failed to declare his assets publicly despite
pressure from his critics.