A Federal High Court in Lagos Monday declined to compel the Code
of Conduct Bureau (CCB) to release information on asset
declarations of politicians and public officials.
Justice Muslim Hassan dismissed as unmeritorious an application
by the Registered Committee of Socio-Economic Rights and
Accountability Project (SERAP) seeking an order compelling the CCB
to make the information, among others, available.
The judge upheld the CCB’s argument that releasing such
information is dependent on terms and conditions to be proscribed
by the National Assembly.
He referred to Section 15(3) of the Constitution which
establishes the Code of Conduct Bureau, its composition and agreed
with the CCB that paragraph 3(a,b&c) of Part 1 Third schedule
of the 1999 Constitution “is very clear and unambiguous”
“I agree with the respondent that the duty to make the asset
declaration form of public officers available for any person or
institutions and for whatever purpose is dependent upon terms and
conditions to be prescribed the National Assembly,” the judge
said.
To achieve this, he noted, the National Assembly has to pass an
Act to that effect which has yet to be done.
The court held further that the terms and conditions to be
prescribed by National Assembly must be specific and relate to
asset declaration of public officers and not a legislation of
general nature such as the Freedom of Information Act, 2011.
“In the light of the above, I hold that the instant application
is unmerritorous and it is accordingly dismissed,” Hassan said.
SERAP had on June 19, 2019 filed the application seeking leave
to apply for judicial review of the CCB.
It also sought an order of mandamus compelling the Bureau to
provide information on the number of asset declarations so far
verified by it, the number of those declarations found to be false
and in breach of the Code of Conduct for Public Officers.
It also prayed that the Bureau be directed to publish any such
information widely, including on a dedicated website.
Furthermore, the Applicant also sought an order directing the
Respondent to “immediately take cases of false asset declarations
to the Code of Conduct Tribunal for effective prosecution of
suspects…’
It also prayed that “banning the politicians involved from
holding public offices for at least a period of 10 years and
seeking refund of stolen public funds” be part of the reliefs the
CCB should seek at the Tribunal.
A Federal High Court in Lagos Monday declined to compel the Code
of Conduct Bureau (CCB) to release information on asset
declarations of politicians and public officials.
Justice Muslim Hassan dismissed as unmeritorious an application
by the Registered Committee of Socio-Economic Rights and
Accountability Project (SERAP) seeking an order compelling the CCB
to make the information, among others, available.
The judge upheld the CCB’s argument that releasing such
information is dependent on terms and conditions to be proscribed
by the National Assembly.
He referred to Section 15(3) of the Constitution which
establishes the Code of Conduct Bureau, its composition and agreed
with the CCB that paragraph 3(a,b&c) of Part 1 Third schedule
of the 1999 Constitution “is very clear and unambiguous”
“I agree with the respondent that the duty to make the asset
declaration form of public officers available for any person or
institutions and for whatever purpose is dependent upon terms and
conditions to be prescribed the National Assembly,” the judge
said.
To achieve this, he noted, the National Assembly has to pass an
Act to that effect which has yet to be done.
The court held further that the terms and conditions to be
prescribed by National Assembly must be specific and relate to
asset declaration of public officers and not a legislation of
general nature such as the Freedom of Information Act, 2011.
“In the light of the above, I hold that the instant application
is unmerritorous and it is accordingly dismissed,” Hassan said.
SERAP had on June 19, 2019 filed the application seeking leave
to apply for judicial review of the CCB.
It also sought an order of mandamus compelling the Bureau to
provide information on the number of asset declarations so far
verified by it, the number of those declarations found to be false
and in breach of the Code of Conduct for Public Officers.
It also prayed that the Bureau be directed to publish any such
information widely, including on a dedicated website.
Furthermore, the Applicant also sought an order directing the
Respondent to “immediately take cases of false asset declarations
to the Code of Conduct Tribunal for effective prosecution of
suspects…’
It also prayed that “banning the politicians involved from
holding public offices for at least a period of 10 years and
seeking refund of stolen public funds” be part of the reliefs the
CCB should seek at the Tribunal.