<p>Socio-Economic Rights and Accountability Project (SERAP) has
filed a lawsuit in the Federal High Court, Lagos against the Code of Conduct
Bureau (CCB) over 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.”</p>



<p>The CCB had last week refused a Freedom
of Information request by SERAP, stating that: “Asset declaration form is
private information.”</p>



<p>But in the suit number
FHC/L/CS/1019/2019 filed last Friday, SERAP argued: ;“Asset declarations of
presidents and state governors submitted to the CCB are public documents.
Public interest in disclosure of the details of asset declarations sought by
SERAP clearly outweighs any claim of protection of the privacy of presidents
and state governors, as they are public officers entrusted with the duty to
manage public funds, among other public functions.”</p>



<p>In a release signed by  ;Kolawole Oluwadare, SERAP Deputy Director and
made available to OpenLife, ; it state
that : “A necessary implication of the rule of law is that a public
institution like the CCB can only act in accordance with the law, as to do
otherwise may enthrone arbitrariness. 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.”</p>



<p>SERAP
also argued that: “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.”</p>



<p>The
suit filed by SERAP counsel Adelanke Aremo read in part: “The right to receive
information without any interference or distortion should be based on the
principle of maximum disclosure, and a presumption that all information is accessible
subject only to a narrow system of exceptions. It is a settled principle of law
that details such as asset declarations of presidents and governors should be
disclosed if there is an overriding public interest in having access to such
information, which is clearly so in this matter.”</p>



<p>“Democracy cannot flourish if
governments operate in secrecy, no matter how much open discussion and debate
is allowed. The very nature and quality of public discussion would be
significantly impoverished without the nourishment of information from public
authorities such as the CCB, and to guarantee freedom of expression without
including the right to know would be a formal exercise.”</p>



<p>“The CCB has an obligation to
proactively keep, organize and maintain all information or records about their
operations, personnel, activities and other relevant or related information or
records in a manner that facilitates public access to such information or
record.”</p>



<p>“Given
that many public officers being tried for or convicted of corruption are found
to have made a false declaration of their assets, the CCB should no longer
allow politicians to undermine the sanctity and integrity of the asset
declaration provisions of the Constitution by allowing them to continue to
exploit legal gaps for illicit enrichment.”</p>



<p>“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.”</p>



<p>“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.”</p>



<p>“The right to information and truth
allows Nigerians to gain access to information essential to the fight against
corruption, institutionalise good governance and improve citizens’ confidence
in public institutions.”</p>



<p>“Persistent refusal by successive
presidents and state governors to make public their asset declarations is
entirely inconsistent with the letter and spirit of the 1999 Constitution, and
has been particularly harmful to the country and its people, especially given
the widespread evidence of grand corruption among politicians holding public
offices in Nigeria.”</p>



<p>“Sections 1, 2, 4, 7, 9, 20 and 31 of
the FOI Act are clear and unambiguous, stating a clear intention to make public
information such as details of asset declarations by presidents and state
governors more freely available to the members of the public and a clear
obligation on the part of public institutions to proactively keep proper
records in a manner that facilitates public access to such information or
record.”</p>



<p>“It is a settled cardinal principle of
statutory interpretation that where in their ordinary meaning the provisions
are clear and unambiguous, effect should be given to them without resorting to
external aid. SERAP therefore submits that the use of the word “shall” in
sections 2 and 4 of the FOI Act 2011 connotes that the provisions are mandatory
and must be complied with to the extent provided by the Act.”</p>



<p>SERAP is therefore seeking the following
reliefs:</p>



<p><em>AN ORDER ;</em>granting leave to the Applicant to apply for judicial review
and to seek an order of mandamus directing and compelling the Respondent to
compile and make available to the Applicant ; information on specific
details of asset declarations submitted to the Code of Conduct Bureau by
successive Presidents, Vice Presidents, Senate Presidents, Speakers of House of
Representatives, State Governors and Deputy Governors from 1999 to 2019 and to
publish widely including on a dedicated website, any such information.</p>



<p><em>AN ORDER</em> ;granting leave to the Applicant to apply for judicial
review and to seek an order of mandamus directing and compelling the Respondent
to compile and make available to the Applicant information on the number of
asset declarations so far verified by the Code of Conduct Bureau 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 and to publish widely including on
a dedicated website, any such information.</p>



<p><em>AN ORDER</em> ;granting leave to the Applicant to apply for Judicial
Review and to seek an order of mandamus directing and compelling the Respondent
to immediately take cases of false asset declarations to the Code of Conduct
Tribunal for effective prosecution of suspects, and include banning the
politicians involved from holding public offices for at least a period of 10
years and seeking refund of stolen public funds as part of the reliefs to be
sought before the Tribunal</p>



<p><em>AND</em> ;for further order or orders as this Court may deem fit to
make in the circumstances</p>



<p>No ;date has been fixed for the hearing of
the suit.</p>

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