CCB May be Compelled to publish Asset declarations of Presidents, Govs’

There is prospect Nigerians keen on 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.

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.”

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

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.”

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.

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.

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.

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.

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.”

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.

Kolawole Oluwadare
SERAP Deputy Director