<p>Nigerian’s interest in knowing details of asset declarations of presidents and state governors may soon have some answers, as the Socio-Economic Rights and Accountability Project (SERAP) has won the latest round in the legal battle to compel the Code of Conduct Bureau (CCB) to disclose details of asset declarations submitted to it by successive presidents and state governors since the return of democracy in 1999.</p>



<p>Justice Muslim Sule Hassan of the Federal High Court in
Ikoyi, Lagos, this morning ruled that, “Going through the Application filed by
SERAP, supported by a 14-paragraph affidavit, with supporting exhibits,
statements setting out the facts, verifying affidavits and written address in
support, I am satisfied that leave ought to be granted in this case, and I
hereby grant the motion for leave.”</p>



<p> ;Justice Hassan granted the order for leave
following the hearing of an argument in court on exparte motion by SERAP
counsel, Adelanke Aremo.</p>



<p>The suit number FHC/L/CS/1019/2019 filed in June followed
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 order by Justice Hassan has now cleared the way for
SERAP to advance its case against the CBB and to challenge the grounds for its
refusal to publish the information requested. The suit is adjourned to 16th of
October, 2019 for motion on notice.</p>



<p>In the suit, SERAP is applying for judicial review and to
seek an order of mandamus directing and compelling the CCB to disclose details
of asset declarations of all presidents and state governors since 1999.</p>



<p>The suits read in part: “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>“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.</p>



<p>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>“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 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>

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