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Nigeria's President Muhammadu Buhari and his Vice, alongside others have been given 7-Day ultimatum to publish their assets.
Muhammadu Buhari and Yemi Osinbajo
Socio-Economic Rights and Accountability Project (SERAP) has sent
Freedom of Information requests to President Muhammadu Buhari,
Vice-President Professor Yemi Osinbajo, 36 state governors and their
deputies, urging them to use their good offices to: “provide
information on summary of the assets, specifically property and income,
contained in your asset declaration forms submitted to the Code of
Conduct Bureau (CCB) since your assumption of office.”
SERAP is also asking them to: “clarify within 7 days of the
receipt and/or publication of this letter, if you have had any reason to
review and update the asset declarations submitted to the CCB, and to
provide the summary of any such review; failing which we will take all
appropriate legal action to compel you to comply with our request.”
SERAP said: “The summary of assets to be disclosed include,
where applicable, the following: savings and other liquid assets, all
immovable property and shares and actions in any private and public
companies; property purchased by way of tender from any public-law
entities and information about businesses owned.”
In the FoI requests dated 3 January 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said:
“The Constitution of Nigeria 1999 (as amended), the FoI Act, and the
African Charter on Human and Peoples’ Rights, which is part of our laws,
read together, impose transparency obligations on all public officials
to publicly disclose information concerning their asset declarations
submitted to the CCB, and to clarify any updated review of such assets.”
SERAP also said: “The non-public disclosure by public officials
of their summary of assets seriously undermines the effectiveness and
integrity of the constitutional and statutory obligations to submit
asset declarations, especially given that declarations are designed to
curb grand corruption. The non-disclosure of assets also undermines the
authority of the CCB and weakens the public trust in the asset
declaration regimes.”
In the specific FoI request to President Buhari, SERAP noted his
“public promise to make specific details of your assets public, and
urge you to consider this FoI request as a unique opportunity to fulfil
the promise made to the Nigerian people.”
The various FoI requests read in part: “Our FoI request does
not clash with the rights to privacy and data protection. Both rights
are not absolute and can be restricted provided there is a basis in law
and a legitimate public interest justifies the restriction. Prevention
of grand corruption and exposing unexplained wealth of officials are
serious and legitimate public interests.”
“We would also like you to clarify if you have encouraged
members of your cabinet to also submit their asset declarations to the
CCB and to make such declarations public. If so, we would like you to
provide information on the details of those that have made submissions.”
“We would also like you to clarify whether a declaration has
been submitted as constitutionally and statutorily required, the date of
any such submission, and if you have received any confirmation of the
verification of your asset declaration by the CCB.”
“The general public has a legitimate interest in ascertaining
and scrutinising the veracity, exactitude and honesty of information
contained in asset declarations submitted by public officials to the
CCB. Without public disclosure of summary of assets, this would have no
practical importance.”
“Public disclosure of summary of assets submitted to the CCB
would help uncover any irregularities and trigger formal verification of
declarations by the CCB and other anti-corruption agencies.”
“The information requested is the summary of assets submitted
to the CCB pursuant to constitutional and statutory provisions.
Providing the information will meet the constitutional objective of
giving the public a reasonable picture of your detailed asset
declaration lodged with the CCB as well as serve the purpose of
providing a safeguard against abuse of the asset declaration process.”
“This would in turn serve as an incentive to public officials
to provide exact information when filing and submitting their asset
declarations.”
“The advantages that the general public would gain from being
informed about the summary of assets declaration submitted to the CCB
outweigh any inconvenience that may occur if the information is
disclosed, pursuant to our FoI request.”
“We believe that the Nigerian Constitution, the FoI Act and the
African Charter grant the right to obtain information on the summary of
assets of all public officials occupying a position of trust and
discharging public functions.”
“Any perceived claim of interference with the right to privacy
are sufficiently foreseeable for the purposes of the legal requirements
for asset declarations by public officials, given that public-disclosure
of summary of assets would undoubtedly contribute to the legitimate aim
of asset declaration regimes to prevent corruption, as it would ensure
transparency regarding the details of those assets.”
“SERAP notes that a decision to run for public office is an
occasion when people knowingly or intentionally involve themselves in
activities which are or may be recorded or reported in a public manner.”
“It is in the nature of the democratic political process that
Nigerians may legitimately be interested in the conduct of public
officials. The issue of the asset declarations of persons holding public
offices is one of legitimate public interest and concern, and serves
the purpose of ensuring transparency in the exercise of public
functions.”
“By Section 1 (1) of the FoI Act, SERAP is entitled as of right
to request for or gain access to information, including information on
the summary of the asset declaration submitted to the CCB.”
“By Section 4 (a) of the FoI Act when a person makes a request
for information from a public official, institution or agency, the
public official, institution or urgency to whom the application is
directed is under a binding legal obligation to provide the applicant
with the information requested for, except as otherwise provided by the
Act, within 7 days after the application is received.”
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