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Order Buhari, 36 Govs To Publish Assets, SERAP Asks Court
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal High Court, Abuja, to order President Muhammadu Buhari; the Vice-President, Prof Yemi Osinbajo, 36 state governors and their deputies to “make public details of their assets, specifically property and income, contained in their asset declaration forms submitted to the Code of Conduct Bureau (CCB) since assuming office.”
In the suit number FHC/ABJ/CS/65/2020 filed last Friday, SERAP is seeking: “an order for leave to apply for judicial review and an order of mandamus to direct and/or compel President Buhari, Vice President Osinbajo, 36 state governors and their deputies to make public their summary of assets; disclose whether they have had any reason to review and update their asset declarations submitted to the CCB, and if the declarations have been made as constitutionally and statutorily required.”
SERAP is also seeking: “an order to compel President Buhari, Vice President Osinbajo, 36 state governors and their deputies to disclose whether they have received any confirmation of the verification of their asset declarations by the CCB and to disclose whether they have taken any steps to encourage members of their cabinet to also submit their asset declarations to the CCB, and to make such declarations public.”
The suit followed SERAP’s Freedom of Information (FoI) requests dated January 3, 2020, expressing concern that: “The non-public disclosure by public officials of their summary of assets 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, and weakens the public trust in the asset declaration regimes.”
According to SERAP, only two states — Lagos and Niger states — have responded to its FoI requests.
But both states declined the requests to make public the assets of their governors and deputies, on the ground that “the FoI Act is inapplicable to state governments, their agencies and officials, and that only houses of assembly of states are constitutionally empowered to make laws on public records of states.”
Also, while reacting to SERAP’s FoI request to President Buhari, the Special Adviser to the President on Media and Publicity, Femi Adesina, had said: “SERAP asking the president to declare assets publicly, on the basis of what law? The president will do what the law requires of him and what the law requires is that he should declare his asset which he has done. Declaring publicly is not in our laws; it can only be a voluntary thing.”
SERAP is also seeking: “a declaration that the failure of President Buhari, Vice President Osinbajo, 36 state governors and their deputies to provide SERAP with the requested information on their assets constitutes a breach of SERAP’s right under the FoI Act, 2011, and such further order(s) the honourable court may deem fit to make in the circumstances.”
The suit filed on behalf of SERAP by its counsel, Kolawole Oluwadare, read in part: “The advantages that the general public would gain from being informed about the summary of assets declarations submitted to the CCB outweigh any perceived privacy or inconvenience, if the court orders the details to be made public as sought by SERAP.
“By a combined reading of the Constitution of Nigeria 1999 (as amended), the FoI Act, and the African Charter on Human and Peoples’ Rights, President Buhari, Vice President Osinbajo, 36 state governors and their deputies ought to be directed and compelled to make public their asset declarations as submitted to the CCB.
“The reliefs sought are constitutionally and statutorily grounded and based on Nigeria’s international transparency obligations. The reliefs sought do 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.
“SERAP and indeed the general public have a legitimate interest in ascertaining and scrutinizing 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, be entirely consistent with government’s expressed commitment to prevent and combat corruption, provide a safeguard against abuse, and serve as an incentive to public officials to provide exact information when filing and submitting their asset declarations.
“Any perceived claim of interference with the right to privacy is 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.”
No date has been fixed for the hearing of the suit.
The Nigerian Army says it has taken into custody Christopher Emmanuel, who allegedly assaulted a female vendor, Doshima, in Kula, Gwer West Local Government Area of Benue.
This was contained in a statement by the Acting Assistant Director, Army Public Relations, 401 Special Forces Brigade, Makurdi, Capt. Abdullahi Osabo, yesterday.
Osabo said the Headquarters Operation Whirl Stroke took cognisance of the incident, which occurred on May 6 and reported on May 8.
He said the incident might have stemmed from a dispute over an unpaid debt, with allegations suggesting that the soldier claimed the woman insulted him during a phone conversation.
According to him, it is further alleged that this confrontation may have escalated into a physical altercation, which is now under investigation.
“Private Christopher Emmanuel is currently in custody, and a thorough investigation will be conducted to determine the circumstances surrounding the incident.
“The Nigerian Army has zero tolerance for human rights abuses and will take disciplinary action based on findings of the investigation.
“The leadership of the Nigerian Army assures the general public and the victim that justice will be served in line with the military’s high standards.
“OPWS strongly condemns any form of indiscipline or human rights abuse by its personnel,” he said.
Osabo urged members of the public to report any instances of abuse by Nigerian army personnel to the Human Rights Desk helpline instead of using social media.
He gave the assurance that all reports of infractions by army personnel were viewed seriously, investigated, and sanctions applied where personnel were found culpable.
“We appreciate your understanding and cooperation,” he added.
The Supreme Court of Nigeria will hold a valedictory court session on Wednesday, May 14, to honour the late Justice Emmanuel Ogwuegbu, a former Justice of the court who passed away in October last year.
The session is scheduled to take place at 2.pm in the main courtroom of the Supreme Court.
A statement issued yesterday by the Director of Information and Public Relations of the apex Court, Dr Festus Akande, revealed that the late judicial icon died peacefully in his sleep on October 28, 2024, at the age of 91.
Born on March 16, 1933, in Amainyi, Ihitte-Uboma Local Government Area of Imo State, Justice Ogwuegbu rose from a humble background to become a towering figure in the legal profession.
He was appointed a judge of the High Court of Imo State in November 1976, serving as Administrative Judge of the Owerri Judicial Division from 1976 to 1979. He later served in the same capacity in the Aba Judicial Division in 1980.
Elevated to the Court of Appeal in September 1987, Justice Ogwuegbu served in the Ibadan and Lagos Divisions before his appointment as a Justice of the Supreme Court of Nigeria in April 1992.
In recognition of his outstanding contributions to the judiciary, he was seconded by the Federal Government to serve on the Supreme Court bench of The Gambia from December 1999 to 2002.
He returned to Nigeria to continue his meritorious service at the Supreme Court until his retirement on 16 March 2003.
The valedictory session will be presided over by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
Tributes will be paid to the late Justice Ogwuegbu by the Chief Justice and other key stakeholders in the nation’s justice sector.
The session will also be attended by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN).
A total of 86 Nigerian Army captains will be sitting for the 2025 written promotion examination in Benin.
The week-long examination will run from May 12 through May 16 and is being hosted by the Nigerian Army School of Supply and Transport (NASST).
Speaking at the opening session on Sunday in Benin, Maj. Gen. Kevin Aligbe, commander, Training and Doctrine Command (TRADOC) and president of the examination saluted the candidates for reaching this pivotal point in their careers.
He described the examination as a major stepping stone to higher responsibilities and called for professionalism, discipline and zero tolerance for examination malpractice.
“The examination is part of the Nigerian Army’s structured promotion process aimed at building a professional, disciplined and merit-driven officer corps, in line with the Chief of Army Staff’s vision of a capable and responsive force.
“This is an opportunity to make a solid progression in your chosen career.
“Let me assure you that if you have prepared well, you will pass this exam without resorting to any form of malpractice. We expect nothing short of a 100 per cent success,” he said.
According to him, the examination is a key prerequisite for promotion to the rank of major while also urging all participants to give it their best, especially those making a second attempt.
He noted that only three chances were allowed by the army policy.
Mr Aligbe however, warned that any candidate caught cheating, discussing answers in the hall or violating security protocols would be disqualified and made to face further disciplinary action.
He also disclosed that awards and commendation letters, including cash prizes would be given to candidates who rank first, second and third.
He added: “our desire is to see all of you pass”, while assuring fairness and transparency in the marking process.
In his welcome address, Maj. Gen. Adebayo Adegbite, commandant of NASST, said the school was honoured to host the promotion exam.
He noted that the examination marks a critical milestone in the career development of officers.
“You have undergone a rigorous one-month preparatory cadder.
“The mock exam assessed your readiness. We expect good performance.
“Be reminded of the security situation in Benin. Avoid unnecessary movements. Move in pairs and be security conscious,” he said.
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