Anti-Corruption Model: Asset Declaration, Public Access & Emerging Issues

(Being Comments by Femi FALANA, SAN at the 2021
NBA-SPIDEL, held at Ibadan, Oyo State on 25th May 2021.
)

INTRODUCTION

Our discourse on corruption is usually an elitist affair as the
masses who are victims of corrupt are completely excluded.
Furthermore, the discourse is limited by the failure to analyze
corruption within the context of the peripheral capitalist system
operated by the Government. It is a political system which
facilitates corrupt enrichment and criminal diversion of public
fund by members of the political class. Section 16 of the
Constitution provides that the natural resources of the nation
shall be used to promote the welfare and happiness of the Nigerian
people. But the criminal diversion of public fund by the political
class has made it impossible for majority of citizens to access to
education, health and other social services. As lawyers have a role
to play in the fight against corruption we shall examine the
relevant provisions of the Constitution and other laws on public
accountability.

DUTY TO PROMOTE PUBLIC ACCOUNTABILITY 

It is submitted that access to information is a fundamental
right by virtue of section 38 of the Constitution which stipulates
that “every citizen shall have the right to freedom of expression
including the right to obtain information and impart ideas”. Access
to information is equally protected by article 9 (2) of the African
Charter on Human and Peoples Rights (Ratification and Enforcement)
Act which provides that “Every individual shall have the right to
receive information”. In Dododo v EFCC the Court of Appeal
upheld the human right of the appellant to access information when
it was said that he was entitled to a copy of the report of the
investigation in respect of his petition alleging corruption
involving a former governor.

In order to promote transparency and accountability in
government and open up the government to the public the Freedom of
Information Act was enacted by the National Assembly in
2011. Accordingly, it is the duty of all public institutions
to allow citizens to access public
records. . Sometime in 2019, the Socio Economic Rights
and Accountability Project (SERAP) requested for certified true
copies of asset declaration forms submitted to the Code of Conduct
Bureau (CCB) by President Muhammadu Buhari and Vice President Yemi
Osinbajo. The request was rejected by the CCB on the ground that it
is not covered by the provisions of the Freedom of Information
Act. Completely dissatisfied with the decision of the CCB the
SERAP approached the Federal High Court for redress.

In dismissing the application the learned trial judge,
Musiliu Hassan J. (as he then was) held that by virtue of
paragraph 3(a,b&c) of part 1, 3rd schedule of the
constitution  it is the duty of the National assembly to
prescribe the conditions for the release of Asset declaration forms
for inspection and to achieve this, the National assembly has to
pass an Act to that effect which has not be done. The court
also held that the terms and conditions to be prescribed by
National assembly must be specific and related to Asset declaration
of Public officers and not a legislation of general nature such as
the Freedom of information Act, 2011. Even though SERAP has filed
an appeal against the judgment  the Buhari
administration has deliberately prevented the Nigerian people from
monitoring the illicit acquisition of assets by public
ofofficers.

Furthermore, the decision of the CCB to withhold
information on asset declaration of public officers has made it
impossible for citizens to exercise their constitutional duty of
reporting non compliance with the provisions of the Code of Conduct
for Public Officers set out in the Constitution. The attention
of the CCB ought to be drawn to the meaning of the word
“declaration”. According to the Jowitts Dictionary of English Law,
declaration means “a proclamation or affirmation, open expression
or publication,  a formal statement intended to create,
preserve,  assert or testify to a right.” Collins Dictionary
has also been defined declaration as “an official^[1] announcement or
statement.” Since declaration means official announcement it
is submitted that the declaration means the  official
announcement of the assets and liabilities of public officers. To
that extent,  it is illegal and unconstitutional on the part
of the CCB to continue to treat the asset declaration forms of
public officers as private documents whose contents are known
to the declarants and top officials of the CCB. Even though
his administration did not declare any war against corruption the
late President Umoru Yaradua declared his assets and caused the
media to publish the details. President Buhari ought to
demonstrate leadership by example by causing the media to publish
his assets and those of other public officers in the
aadministration.

RANCHES OR GRAZING RESERVES? 

More than ever before the media and the Nigerian Bar Association
ought to intensify the campaign for the actualisation of the
provisions of the Fundamental Objectives and Directive Principles
of State Policy. In particular, this is the time to mount
sufficient pressure on all governments to provide for the welfare
and security of the people pursuant section 14 of the Constitution.
However, in  its belated response to the reckless killing of
farmers, destruction of farms, kidnapping and raping of women by
killer herders the federal government has decided to revive grazing
reserves as a knee jerk reaction to the decision of the Southern
Governors Forum to ban open grazing. Thus, the reaction of the
Presidency has further polarised a country whose unity is being
seriously threatened by separatist groups. But the reaction is
uncalled for having regard to the fact that the National Economic
Council and the Nigeria Governors Forum had banned open grazing and
resolved to embrace ranching. Whereas the Presidency has said that
the fundamental right of armed herders cannot be abridged why has
the Federal Government decided to restrict the movement of cattle
to grazing reserves? herders have the unquestionable right

Last Friday, the Federal High Court ruled that state governments
have the power to enact anti grazing laws. Therefore, it smacks of
brazen official impunity on the part of the Presidency to have said
that the ban on open grazing is of doubtful legality. Even though
it has been  said  that the policy would take off in June
not a single grazing reserve has been identified, prepared and put
into use. Similarly, the Federal Government had announced in 2016
that 55000 hectares of land had been acquired in 11 States for the
establishment of ranches. By April 2018, the Federal Government
launched the National Livestock Transformation Plan with emphasis
on the establishment of ranches. The Federal Government later
turned round to adopt Cattle Colony and Ruga policies which were
rejected by a number of State Governments. Instead of further
dividing the country along ethnic lines we call on the Federal
Government to halt the mindless killing of farmers and
kidnapping of innocent people by killer herders.

Instead of weeping more than the bereaved the Federal Government
should listen to the Miyetti Allah which has accepted the ban on
open grazing and demanded for the establishment of ranches. Since
there is a popular demand for the proscription of open grazing all
hands should now be on deck to establish ranches without any
further delay. From the information at our disposal not less than
24 States have applied to the Federal Government for grant to
establish ranches. The Presidency should not compound the crisis by
giving the erroneous impression that grazing reserves are different
from ranches. The Federal Government is advised to study the
Grazing Reserves Act of 1964 which provided for the establishment
and operation of grazing reserves in the northern part of the
country. The Kano State Government has braized the trail by setting
up Ruga Settlements which provide opportunities for thousands of
herders to practice cattle business without violating the rights of
farmers and other citizens.

(Being Comments by Femi FALANA, SAN at the 2021
NBA-SPIDEL, held at Ibadan, Oyo State on 25th May 2021.
)

INTRODUCTION

Our discourse on corruption is usually an elitist affair as the
masses who are victims of corrupt are completely excluded.
Furthermore, the discourse is limited by the failure to analyze
corruption within the context of the peripheral capitalist system
operated by the Government. It is a political system which
facilitates corrupt enrichment and criminal diversion of public
fund by members of the political class. Section 16 of the
Constitution provides that the natural resources of the nation
shall be used to promote the welfare and happiness of the Nigerian
people. But the criminal diversion of public fund by the political
class has made it impossible for majority of citizens to access to
education, health and other social services. As lawyers have a role
to play in the fight against corruption we shall examine the
relevant provisions of the Constitution and other laws on public
accountability.

DUTY TO PROMOTE PUBLIC ACCOUNTABILITY 

It is submitted that access to information is a fundamental
right by virtue of section 38 of the Constitution which stipulates
that “every citizen shall have the right to freedom of expression
including the right to obtain information and impart ideas”. Access
to information is equally protected by article 9 (2) of the African
Charter on Human and Peoples Rights (Ratification and Enforcement)
Act which provides that “Every individual shall have the right to
receive information”. In Dododo v EFCC the Court of Appeal
upheld the human right of the appellant to access information when
it was said that he was entitled to a copy of the report of the
investigation in respect of his petition alleging corruption
involving a former governor.

In order to promote transparency and accountability in
government and open up the government to the public the Freedom of
Information Act was enacted by the National Assembly in
2011. Accordingly, it is the duty of all public institutions
to allow citizens to access public
records. . Sometime in 2019, the Socio Economic Rights
and Accountability Project (SERAP) requested for certified true
copies of asset declaration forms submitted to the Code of Conduct
Bureau (CCB) by President Muhammadu Buhari and Vice President Yemi
Osinbajo. The request was rejected by the CCB on the ground that it
is not covered by the provisions of the Freedom of Information
Act. Completely dissatisfied with the decision of the CCB the
SERAP approached the Federal High Court for redress.

In dismissing the application the learned trial judge,
Musiliu Hassan J. (as he then was) held that by virtue of
paragraph 3(a,b&c) of part 1, 3rd schedule of the
constitution  it is the duty of the National assembly to
prescribe the conditions for the release of Asset declaration forms
for inspection and to achieve this, the National assembly has to
pass an Act to that effect which has not be done. The court
also held that the terms and conditions to be prescribed by
National assembly must be specific and related to Asset declaration
of Public officers and not a legislation of general nature such as
the Freedom of information Act, 2011. Even though SERAP has filed
an appeal against the judgment  the Buhari
administration has deliberately prevented the Nigerian people from
monitoring the illicit acquisition of assets by public
ofofficers.

Furthermore, the decision of the CCB to withhold
information on asset declaration of public officers has made it
impossible for citizens to exercise their constitutional duty of
reporting non compliance with the provisions of the Code of Conduct
for Public Officers set out in the Constitution. The attention
of the CCB ought to be drawn to the meaning of the word
“declaration”. According to the Jowitts Dictionary of English Law,
declaration means “a proclamation or affirmation, open expression
or publication,  a formal statement intended to create,
preserve,  assert or testify to a right.” Collins Dictionary
has also been defined declaration as “an official^[1] announcement or
statement.” Since declaration means official announcement it
is submitted that the declaration means the  official
announcement of the assets and liabilities of public officers. To
that extent,  it is illegal and unconstitutional on the part
of the CCB to continue to treat the asset declaration forms of
public officers as private documents whose contents are known
to the declarants and top officials of the CCB. Even though
his administration did not declare any war against corruption the
late President Umoru Yaradua declared his assets and caused the
media to publish the details. President Buhari ought to
demonstrate leadership by example by causing the media to publish
his assets and those of other public officers in the
aadministration.

RANCHES OR GRAZING RESERVES? 

More than ever before the media and the Nigerian Bar Association
ought to intensify the campaign for the actualisation of the
provisions of the Fundamental Objectives and Directive Principles
of State Policy. In particular, this is the time to mount
sufficient pressure on all governments to provide for the welfare
and security of the people pursuant section 14 of the Constitution.
However, in  its belated response to the reckless killing of
farmers, destruction of farms, kidnapping and raping of women by
killer herders the federal government has decided to revive grazing
reserves as a knee jerk reaction to the decision of the Southern
Governors Forum to ban open grazing. Thus, the reaction of the
Presidency has further polarised a country whose unity is being
seriously threatened by separatist groups. But the reaction is
uncalled for having regard to the fact that the National Economic
Council and the Nigeria Governors Forum had banned open grazing and
resolved to embrace ranching. Whereas the Presidency has said that
the fundamental right of armed herders cannot be abridged why has
the Federal Government decided to restrict the movement of cattle
to grazing reserves? herders have the unquestionable right

Last Friday, the Federal High Court ruled that state governments
have the power to enact anti grazing laws. Therefore, it smacks of
brazen official impunity on the part of the Presidency to have said
that the ban on open grazing is of doubtful legality. Even though
it has been  said  that the policy would take off in June
not a single grazing reserve has been identified, prepared and put
into use. Similarly, the Federal Government had announced in 2016
that 55000 hectares of land had been acquired in 11 States for the
establishment of ranches. By April 2018, the Federal Government
launched the National Livestock Transformation Plan with emphasis
on the establishment of ranches. The Federal Government later
turned round to adopt Cattle Colony and Ruga policies which were
rejected by a number of State Governments. Instead of further
dividing the country along ethnic lines we call on the Federal
Government to halt the mindless killing of farmers and
kidnapping of innocent people by killer herders.

Instead of weeping more than the bereaved the Federal Government
should listen to the Miyetti Allah which has accepted the ban on
open grazing and demanded for the establishment of ranches. Since
there is a popular demand for the proscription of open grazing all
hands should now be on deck to establish ranches without any
further delay. From the information at our disposal not less than
24 States have applied to the Federal Government for grant to
establish ranches. The Presidency should not compound the crisis by
giving the erroneous impression that grazing reserves are different
from ranches. The Federal Government is advised to study the
Grazing Reserves Act of 1964 which provided for the establishment
and operation of grazing reserves in the northern part of the
country. The Kano State Government has braized the trail by setting
up Ruga Settlements which provide opportunities for thousands of
herders to practice cattle business without violating the rights of
farmers and other citizens.