President Muhammadu Buhari
Onnoghen:
President Muhammadu Buhari
Onnoghen: Anti-Corruption Group Seeks Asset declarations
of Buhari, others Since 1999
Socio-Economic Rights and Accountability Project (SERAP) has
sent a Freedom of Information request to Dr. Muhammed Isah,
Chairman, Code of Conduct Bureau (CCB) urging him to use his “good
offices and leadership position to urgently provide information on
specific details of asset declarations submitted to the CCB by
successive presidents and state governors since the return of
democracy in 1999.”
SERAP is seeking information on: “details of 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. Information is also sought 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 the FOI request dated 18 April 2019 and signed by SERAP
deputy director Kolawole Oluwadare, the organization said: “While
we welcome the judgment by the Code of Conduct Tribunal on Justice
Walter Onnoghen, we now urge the CCB to extent its mandates to
enforce constitutional provisions on asset declarations by public
officers to cover elected officers and to vigorously pursue the
prosecution of any such officers who use their powers either as
presidents or state governors over public funds to enrich
themselves.”
According to the organization, “While judicial corruption is
bad, the level of corruption involving many politicians since 1999
and the entrenched culture of impunity of perpetrators is equally
appalling. Publishing the asset declarations of elected public
officers since the return of democracy in 1999 to date would
improve public trust in the ability of the Bureau to effectively
discharge its mandates. This would in turn put pressure on public
officers like presidents and state governors to make voluntary
public declaration of their assets.”
The FOI request read in part: “SERAP is concerned that many
politicians hide behind the fact that members of the public do not
have access to their asset declarations to make false declarations,
and to cover up assets illegally acquired in corruption or abuse of
office. The CCB can use the opportunity presented by the Onnoghen
judgment to increase the accountability of politicians through the
asset declaration provisions if it is not to be accused of
witch-hunting the judiciary.”
“The grim condition of many of our citizens since 1999 has been
worsened by the deterioration of public services whereby access to
clean water and affordable health-care has become a pipe dream and
the supply of electricity became epileptic and irregular due to
years of grand corruption by many politicians at the highest level
of government.”
“We would be grateful if the requested information is provided
to us within 14 days of the receipt and/or publication of this
letter. If we have not heard from you by then, the Registered
Trustees of SERAP shall take all appropriate legal action under the
Freedom of Information Act to compel you to comply with our
request.”
“The persistent refusal by successive presidents and state
governors to make public their asset declarations is entirely
inconsistent with the letter and spirit of the 1999 Constitution,
and has been particularly harmful to the country and its people,
especially given the widespread evidence of grand corruption among
politicians holding public offices in Nigeria.”
“The Nigerian Constitution of 1999 (as amended) seeks to prevent
corruption and abuse of office through its provisions on the
declaration of assets not just by judicial officers but by all
public officers including elected officers like presidents and
governors.”
“Nigerians can longer accept the excuse by high-ranking
government officers that declaring their assets before the CCB is
enough, as such pretext is not supported by the oaths of office by
elected public officers. The failure by successive presidents and
state governors to voluntarily make public their asset declarations
would seem to suggest that they have something to hide.”
“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.”
“SERAP believes that while elected public officers may not be
constitutionally obliged to publicly declare their assets, the
Freedom of Information Act 2011 has now provided the mechanism for
the CCB to improve transparency and accountability of asset
declarations by elected public officers.”
“Asset declaration forms are public documents within the meaning
of section 109 of the Evidence Act, and therefore, Nigerians are
entitled to have access to such information. SERAP urges the CCB to
vigorously push for change in law to provide penal sanctions for
politicians that fail to make public their asset declarations.”
“By Section 1 (1) of the Freedom of Information (FOI) Act 2011,
SERAP is entitled as of right to request for or gain access to
information, including information on the asset declarations by
elected public officers since the return of democracy in 1999.”
“SERAP notes that provisions on the declaration of assets by all
public officers in Nigeria are entrenched in the Code of Conduct
for Public Officers, contained in Part I of the Fifth Schedule to
the 1999 Nigerian Constitution. The primary objective is to prevent
corruption and abuse of office and to ensure transparency in public
officers.”
“SERAP also notes that public officers for the purposes of the
Code include the President and the Vice-President of the
Federation, state governors and their deputies; the President and
Deputy-President of the Senate, the Speaker and Deputy-Speaker of
the House of Representatives and Speakers, the Chief justice of
Nigeria, justices of the Supreme Court, the President and justices
of the Court of Appeal, and other judicial officers and all staff
of courts of law.”
SERAP therefore urged the CCB to:
1. Disclose including by publishing on a dedicated website, details
of asset declarations submitted by presidents and state governors
since the return of democracy in 1999
2. Disclose details 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 a breach of the Code of Conduct for
Public Officers by the Bureau
3. Immediately take cases of false asset declarations to the Code
of Conduct Tribunal for effective prosecution of suspects, and
include banning the politicians involved from holding public
offices for at least a period of 10 years and seeking refund of
stolen public funds as part of the reliefs to be sought before the
Tribunal
Kolawole Oluwadare
SERAP Deputy Director