It’s Illegal To Release Asset Declaration Of Public Officeholders — CCB

The Code of Conduct Bureau (CCB) says it is illegal to release
asset declarations of public officeholders.

This is despite the provisions of the Freedom of Information
(FOI) Act of 2011 that mandates public offices like the CBB to make
records and other vital information of public interest freely
available to the public.

The Act was enacted by the Goodluck Jonathan administration in
2011, to further deepen Nigeria’s democracy.

The act places access to vital information held by public
authorities as a fundamental element of the right to freedom of
expression as provided under Section 39 of the Constitution.

In a series of letters obtained by Peoples
Gazette^[1], the Code
of Conduct Bureau, while acknowledging that the FOI act guarantees
the right of a person to information, argued that the request for
asset declaration of public office holders constitute an invasion
of privacy which is against the provision of the act.

The Bureau’s current stand negates its 2019 move that led to the
removal of former Chief Justice of Nigeria Walter Onnoghen who was
sacked over false asset declaration.

The CCB in 2019 did not consider the privacy of the former CJN
before expeditiously providing his asset declaration data to Anti
Corruption and Research Base Data Initiatives, the body which filed
the petition that led to Mr Onnoghen’s removal.

While the FOI had given room for free access to public
information, government offices like the CCB have habitually
frustrated the efforts of well-meaning Nigerians to gain access to
needed information.

Dated March 30, 2021, the letters by Munirah Elabor, the
chairman of CCB, refused to honour the request by anti-corruption
campaigner Deji Adeyanju who asked for access to the asset
declaration documents of Delta Senator James Manager, NDDC interim
administrator Effiong Okon Akwa and Hamza Ibrahim Jamo.

“It is conceded that section 1 (1) 3 and 4 of the Freedom of
Information Act (FOIA) 2011 guarantees the right of a person to
access or request information whether or not in written form, in
custody of any public agency.

“Conversely, by virtue of section 12 (1)(a)(v), 14(1)(b) and
15(1)(a) of the same act, the bureau is not under any obligation to
grant any request which constitutes invasion of personal privacy.
Asset declarations by public office officers contain such personal
information which falls within the exemption of the disclosure of
information in the FOIA,” the letter by CCB read.

Further making reference to paragraph 3 (c) of the third
schedule of the 1999 constitution, the Bureau agreed it has been
mandated to make asset declaration of public holders available for
public inspection but claimed that the National Assembly had not
prescribed terms and conditions under which that could be done.

Prior to the FOIA of 2011, vital information useful to the
public had been seemingly difficult to access.

The Code of Conduct Bureau (CCB) says it is illegal to release
asset declarations of public officeholders.

This is despite the provisions of the Freedom of Information
(FOI) Act of 2011 that mandates public offices like the CBB to make
records and other vital information of public interest freely
available to the public.

The Act was enacted by the Goodluck Jonathan administration in
2011, to further deepen Nigeria’s democracy.

The act places access to vital information held by public
authorities as a fundamental element of the right to freedom of
expression as provided under Section 39 of the Constitution.

In a series of letters obtained by Peoples
Gazette^[1], the Code
of Conduct Bureau, while acknowledging that the FOI act guarantees
the right of a person to information, argued that the request for
asset declaration of public office holders constitute an invasion
of privacy which is against the provision of the act.

The Bureau’s current stand negates its 2019 move that led to the
removal of former Chief Justice of Nigeria Walter Onnoghen who was
sacked over false asset declaration.

The CCB in 2019 did not consider the privacy of the former CJN
before expeditiously providing his asset declaration data to Anti
Corruption and Research Base Data Initiatives, the body which filed
the petition that led to Mr Onnoghen’s removal.

While the FOI had given room for free access to public
information, government offices like the CCB have habitually
frustrated the efforts of well-meaning Nigerians to gain access to
needed information.

Dated March 30, 2021, the letters by Munirah Elabor, the
chairman of CCB, refused to honour the request by anti-corruption
campaigner Deji Adeyanju who asked for access to the asset
declaration documents of Delta Senator James Manager, NDDC interim
administrator Effiong Okon Akwa and Hamza Ibrahim Jamo.

“It is conceded that section 1 (1) 3 and 4 of the Freedom of
Information Act (FOIA) 2011 guarantees the right of a person to
access or request information whether or not in written form, in
custody of any public agency.

“Conversely, by virtue of section 12 (1)(a)(v), 14(1)(b) and
15(1)(a) of the same act, the bureau is not under any obligation to
grant any request which constitutes invasion of personal privacy.
Asset declarations by public office officers contain such personal
information which falls within the exemption of the disclosure of
information in the FOIA,” the letter by CCB read.

Further making reference to paragraph 3 (c) of the third
schedule of the 1999 constitution, the Bureau agreed it has been
mandated to make asset declaration of public holders available for
public inspection but claimed that the National Assembly had not
prescribed terms and conditions under which that could be done.

Prior to the FOIA of 2011, vital information useful to the
public had been seemingly difficult to access.