The ultimatum was given by
Socio-Economic Rights and Accountability Project (SERAP), which has sent
Freedom of Information requests to all the public officials.
President Muhammadu Buhari,
Vice-President Yemi Osinbajo, 36 state governors and their deputies, have been
handed a seven-day ultimatum to provide information on their assets as declared
to the Code of Conduct Bureau.
SERAP is also asking them
to “clarify within 7 days of the receipt and/or publication of this letter, if
you have had any reason to review and update the asset declarations submitted
to the CCB, and to provide the summary of any such review.
The group threatened to
take legal action against them, if they failed to comply with the request.
“The summary of assets to
be disclosed include, where applicable, the following: savings and other liquid
assets, all immovable property and shares and actions in any private and public
companies; property purchased by way of tender from any public-law entities and
information about businesses owned,” the group said.
The FoI requests dated 3
January 2020 and signed by SERAP deputy director Kolawole Oluwadare said: “The
Constitution of Nigeria 1999 (as amended), the FoI Act, and the African Charter
on Human and Peoples’ Rights, which is part of our laws, read together, impose
transparency obligations on all public officials to publicly disclose
information concerning their asset declarations submitted to the CCB, and to
clarify any updated review of such assets.”
“The non-public disclosure
by public officials of their summary of assets seriously 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. The non-disclosure of assets also undermines the
authority of the CCB and weakens the public trust in the asset declaration
regimes.”
In the specific FoI request
to President Buhari, SERAP noted his “public promise to make specific details
of your assets public, and urge you to consider this FoI request as a unique
opportunity to fulfil the promise made to the Nigerian people.”
The various FoI requests
read in part: “Our FoI request does 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.”
“We would also like you to
clarify if you have encouraged members of your cabinet to also submit their
asset declarations to the CCB and to make such declarations public. If so, we
would like you to provide information on the details of those that have made
submissions.”
“We would also like you to
clarify whether a declaration has been submitted as constitutionally and
statutorily required, the date of any such submission, and if you have received
any confirmation of the verification of your asset declaration by the CCB.”
“The general public has a
legitimate interest in ascertaining and scrutinising 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.”
“The information requested
is the summary of assets submitted to the CCB pursuant to constitutional and
statutory provisions. Providing the information will meet the constitutional
objective of giving the public a reasonable picture of your detailed asset
declaration lodged with the CCB as well as serve the purpose of providing a
safeguard against abuse of the asset declaration process.”
“This would in turn serve
as an incentive to public officials to provide exact information when filing
and submitting their asset declarations.”
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