<p>The Code of Conduct Bureau (CCB)
has denied a Freedom of Information request demanding specific details of asset
declarations submitted to it by successive presidents and state governors since
1999, arguing that: “producing such information would amount to an invasion of
privacy of presidents and state governors. Asset declaration form is private
information.”</p>



<p>CCB’s response followed FOI
request by Socio-Economic Rights and Accountability Project (SERAP) in April
addressed to Dr. Muhammed Isah, Chairman, CCB, urging him to: “provide
information on asset declarations by successive presidents and
state governors between 1999 and 2019, including details of declarations made
immediately after taking offices and thereafter, and for those who have left
public offices, at the end of their term of office.”</p>



<p>In this report signed by Kolawole Oluwadare, SERAP Deputy Director, and made available to
OpenLife, SERAP also sought “information on the number of asset declarations so
far verified by the CCB 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.”</p>



<p>However, the CCB in a letter by
its Chairman, which SERAP said it just received, stated: “Paragraph 3(c) of the
3<sup>rd</sup> Schedule to the 1999 Nigerian Constitution (as amended) empowers
the Bureau to retain custody of asset declaration and make them available for
inspection by any citizen on such terms and conditions to be prescribed by the
National Assembly. These terms and conditions are yet to be prescribed.”</p>



<p>The CCB also said: “Assuming the
Freedom of Information Act is the term and condition, Sections 12(1)(v) and
14(1)(b) of the Act makes information in the asset declaration form private and
producing such information would be an invasion of privacy of presidents and
governors. Section 14(2)(3) of the same Act stipulate conditions for granting
requests for private information but these have not been met by SERAP’s
application.” </p>



<p>The letter with reference number
CCB/HQ/LU/047/59 and signed on behalf of CCB Chairman by Musa Ibrahim Usman,
read in part: “Section 12(1)(a)(4)(a)(b) exempt production of information
relating to investigation for the purposes of law enforcement and such
investigation must have been carried out pursuant to an Act or regulation.
Verification is investigation carried out pursuant to Code of Conduct Bureau
and Tribunal Act for the purposes of law enforcement.”</p>



<p>“Referring breaches of the Code
of Conduct for public officers to the Code of Conduct Tribunal for prosecution
is a matter of discretion of the Bureau and not a matter of FOI.”</p>



<p>“Consequently, I am further
directed to convey to you that the request in SERAP’s application for
information on details of asset declarations by presidents and state governors
since the return of democracy in 1999 is hereby denied on the grounds that it falls
short of the requirement of the law. Please accept the assurances of the
highest esteem of the Chairman CCB.”</p>



<p>SERAP deputy director Kolawole
Oluwadare, said: “Freedom of information is a fundamental right. The contents
of asset declarations by successive presidents and state governors do not
amount to private information, as presidents and governors are public officers
under Part II, Fifth Schedule to the 1999 Constitution.”</p>



<p>According to SERAP: “Declarations
of assets are constitutional commitments imposed only on public officers, and made
by virtue of occupying entrusted public positions and offices. Therefore, details
provided in any such asset declaration forms are public information, and not private
information.”</p>



<p>SERAP said: “Also, the National
Assembly, having been constitutionally vested with power by paragraph 3[c],
Third Schedule to the 1999 Nigerian Constitution, to make laws on this subject
matter, has since prescribed the mode for inspection of asset declarations by
passage of Freedom of Information Act in 2011.”</p>



<p>SERAP also said: “That&#8217;s why
we&#8217;re going to court to challenge the decision by the CCB denying our FOI
request, and refusing to provide details of asset declarations by presidents
and state governors since the return of democracy in 1999. Make no mistake: The
CCB’s refusal to disclose these details is a breach of settled constitutional and
international principles, plain and simple.”</p>



<p>It would be recalled that SERAP
had in its FOI stated that: “While we welcome the judgment by the Code of
Conduct Tribunal on Justice Walter Onnoghen, we now urge the CCB to extend its
mandates to enforce constitutional provisions on asset declarations by public
officers to cover elected officers and to vigorously pursue the prosecution of
any such officers who use their powers either as presidents or state governors
over public funds to enrich themselves.” </p>



<p>The FOI request read in part: “While
judicial corruption is bad, the level of corruption involving many politicians
since 1999 and the entrenched culture of impunity of perpetrators is equally
appalling. Publishing the asset declarations of elected public officers would
improve public trust in the ability of the Bureau to effectively discharge its
mandates. This would in turn put pressure on public officers like presidents
and state governors to make voluntary public declaration of their assets.”</p>



<p>“SERAP is concerned that many
politicians hide behind the fact that members of the public do not have access
to their asset declarations to make false declarations, and to cover up assets
illegally acquired in corruption or abuse of office. The CCB can use the
opportunity presented by the Onnoghen judgment to increase the accountability
of politicians through the asset declaration provisions if it is not to be
accused of witch-hunting the judiciary.”</p>

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