The Code of Conduct Bureau (CCB) has
said it cannot disclose the details of President Buhari’s assets declaration
form submitted before the February 23rd presidential election.
The Bureau made the disclosure in response to a
request by the Socio-Economic Rights and Accountability Project (SERAP)
for the disclosure of assets declaration submitted by successive presidents and
governors from 1999 till date. SERAP in its letter of request, asked the Bureau
to make public “details of declarations made immediately after taking
offices and thereafter, and for those who have left public offices, at the end
of their term of office.” The group based its request on the Freedom of Information
law enacted by former President Goodluck Jonathan.
SERAP in its letter akso
asked the CCB to make public, “information on the number of asset
declarations so far verified by the CCB 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.”
The Bureau however in a response
letter signed by Musa Usman, on behalf of CCB chairman, said SERAP's request
falls short of the requirement of the law as it is only the National Assembly
that can ask for such details from them.
The excerpt of the CCB response reads
“Paragraph 3(c)
of the 3rd schedule to the 1999 Nigerian constitution (as amended) empowers the
bureau to retain custody of asset declaration and make them available for
inspection by any citizen on such terms and conditions to be prescribed by the
national assembly. These terms and conditions are yet to be prescribed,” the
letter read.
“Assuming the
freedom of information Act is the term and condition, Sections 12(1)(v) and
14(1)(b) of the Act makes information in the asset declaration form private and
producing such information would be an invasion of privacy of presidents and
governors. Section 14(2)(3) of the same Act stipulate conditions for granting
requests for private information but these have not been met by SERAP’s
application.
“Section 12(1)(a)(4)(a)(b) exempt production of information
relating to investigation for the purposes of law enforcement and such
investigation must have been carried out pursuant to an Act or regulation.
Verification is investigation carried out pursuant to Code of Conduct Bureau
and Tribunal Act for the purposes of law enforcement. Referring breaches
of the Code of Conduct for public officers to the Code of Conduct Tribunal for
prosecution is a matter of discretion of the bureau and not a matter of FOI.
“Consequently, I am further directed to
convey to you that the request in SERAP’s application for information on
details of asset declarations by presidents and state governors since the
return of democracy in 1999 is hereby denied on the grounds that it falls short
of the requirement of the law. Please accept the assurances of the highest
esteem of the Chairman CCB.” he said
SERAP says it will be challenging CCB's decision
in court.
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