Transparency: SERAP Asks Appeal Court To Order Release Of Buhari, Others Asset Declaration Forms

BY VICTOR BUORO, ABUJA – As part of it pursuit for transparency in governance, the Socio-Economic Rights and Accountability Project (SERAP) has asked the Court of Appeal sitting in Lagos to set aside the ruling of a Federal High Court and to order a public disclosure of the details of the asset declaration submitted to the Code of Conduct Bureau (CCB) by President Muhammadu Buhari.

SERAP also wants the Court of Appeal to equally order a public disclosure of the asset declaration of Vice President Professor Yemi Osinbajo, State Governors and their deputies as well as other political office holders since 1999.

SERAP in the appeal filed last week averred that the trial judge of the Federal High Court, misinterpreted the provision and purport of paragraph 3[c], Third Schedule, Part 1 of the 1999 Nigerian Constitution (as amended).

SERAP specifically said; “The judge did not consider that the Freedom of information was enacted by the National Assembly in 2011 to grant public access to public documents. The learned trial Judge erred in law by holding that the Freedom of information Act is a legislation of general nature in relation to public access to asset declaration forms of public officers.

“The judge erred in law when he held that SERAP’s application ‘is unmeritorious and it is accordingly dismissed. The learned trial judge failed to apply the provisions of Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004, which allows access to public documents to the facts of this case.

“The failure or refusal by the CCB to provide the information requested by SERAP constitutes a violation of our right to freedom of information guaranteed by Article 9 of the African Charter on Human and Peoples’ Rights.”

The appeal which was filed Kolawole Oluwadare, Opeyemi Owolabi and Adelanke Aremo on behalf of SERAP states; “The learned trial judge failed to determine whether the asset declaration forms kept in the records of the CCB are public documents. The judge failed to determine whether the public interest in disclosing the information outweighs whatever injury that the disclosure would cause the CCB and public officers.

“The learned trial judge erred in law when His Lordship failed to determine the real questions in issue in the suit. The judge failed to determine whether SERAP’s freedom of information request falls within the purview of those exempted under the Freedom of Information Act.

“Asset declaration forms submitted by public officers are public documents in the custody of the CCB. The CCB is under a legal obligation to provide the information requested by SERAP in accordance with the provisions of the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights.”

Accordingly, SERAP wants an order allowing the Appeal, and setting aside the judgement of the Federal High Court presided over by Justice Muslim Hassan.

A Federal High Court sitting in Lagos had on Monday, May 11, 2020, dismissed the application filed by SERAP seeking “an order of mandamus to direct and compel the CCB to make available to the public specific details of asset declarations submitted to it by successive presidents, vice-presidents, senate presidents, speakers of House of Representatives, state governors and their deputies since 1999.

In declining the prayers, Justice Muslim Hassan held that he agreed with the CCB that the duty to make the asset declaration form of public officers available is dependent upon the terms and conditions to be proscribed by the National Assembly.

Justice Hassan further said; “The terms and conditions must be specific and related to asset declaration of public officers and not legislation of general nature such as the Freedom of Information Act.”

SERAP is also asking the Court of Appeal for an order granting all the reliefs it sought in the motion on notice dated October 4, 2019 before the Federal High Court as well as an order of mandamus directing and compelling the CCB to publish details of asset declarations it is asking for.

It also prayed for a declaration that the failure of the CCB to publish the asset declarations amounts to a breach of legal obligation and therefore urged the Court of Appeal for a declaration that “the failure of the CCB to provide specific documents and information on the number of asset declarations so far verified by it, 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” violates the Freedom of Information Act and the African Charter.

Not done, SERAP also prayed an order of mandamus to direct and compel the CCB to immediately take cases of false asset declarations to the Code of Conduct Tribunal for effective prosecution of suspects, and banning the politicians involved from holding public offices for at least a period of 10 years as well as seek refund of stolen public funds as part of the reliefs to be sought before the Tribunal.

SERAP had in suit number FHC/L/CS/1019/2019 demanded for the “Asset declarations” of presidents and state governors submitted to the CCB stressing that they are public documents.

SERAP declared 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.”

“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.”

“Democracy cannot flourish if governments operate in secrecy, no matter how much open discussion and debate is allowed.”

No date has yet been fixed for the hearing of the appeal.