The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit in the Federal High Court, Lagos against the Code of Conduct Bureau (CCB) over 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 CCB had, last week, refused a Freedom of Information request by SERAP, stating that: “Asset declaration form is private information.”
But in the suit number FHC/L/CS/1019/2019 filed last Friday, SERAP argued that, “Asset declarations of Presidents and State Governors submitted to the CCB are public documents.”
It also argued that, “Public interest in disclosure of the details of asset declarations sought by SERAP clearly outweighs any claim of protection of the privacy of presidents and state governors, as they are public officers entrusted with the duty to manage public funds, among other public functions.”
According to SERAP, “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.”
SERAP also argued that, “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.”
The suit filed by SERAP counsel, Adelanke Aremo, read in part, “The right to receive information without any interference or distortion should be based on the principle of maximum disclosure, and a presumption that all information is accessible subject only to a narrow system of exceptions. It is a settled principle of law that details such as asset declarations of presidents and governors should be disclosed if there is an overriding public interest in having access to such information, which is clearly so in this matter.
“Democracy cannot flourish if governments operate in secrecy, no matter how much open discussion and debate is allowed. The very nature and quality of public discussion would be significantly impoverished without the nourishment of information from public authorities such as the CCB, and to guarantee freedom of expression without including the right to know would be a formal exercise.
“The CCB has an obligation to proactively keep, organize and maintain all information or records about their operations, personnel, activities and other relevant or related information or records in a manner that facilitates public access to such information or record.
“Given that many public officers being tried for or convicted of corruption are found to have made a false declaration of their assets, the CCB should no longer allow politicians to undermine the sanctity and integrity of the asset declaration provisions of the Constitution by allowing them to continue to exploit legal gaps for illicit enrichment.