The Code of Conduct Bureau (CCB) says it cannot disclose the details of President Muhammadu Buhari’s assets. The bureau responded to a freedom of information (FoI) request by Socio-Economic Rights and Accountability Project (SERAP), seeking a disclosure of assets declaration submitted by successive presidents and governors from 1999 till date.
CCB’s response followed FOI request by Socio-Economic Rights and Accountability Project (SERAP) in April addressed to Dr. Muhammed Isah, Chairman, CCB, urging him to: “provide information on asset declarations by successive presidents and state governors between 1999 and 2019, including 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.”
SERAP also sought “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.” In a letter signed by Musa Usman, on behalf of CCB chairman, the bureau said the request “falls short of the requirement of the law”.
The letter with reference number CCB/HQ/LU/047/59 said only the national assembly can prescribe conditions for the release of the forms, but such conditions are yet to be prescribed.
“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.
SERAP deputy director Kolawole Oluwadare, said: “Freedom of information is a fundamental right. The contents of asset declarations by successive presidents and state governors do not amount to private information, as presidents and governors are public officers under Part II, Fifth Schedule to the 1999 Constitution.” According to SERAP: “Declarations of assets are constitutional commitments imposed only on public officers, and made by virtue of occupy
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