Court of Appeal sitting in Lagos to set aside a judgment of a Federal
High Court and to order public disclosure of asset declaration details
submitted to the Code of Conduct Bureau (CCB) by President Muhammadu
Buhari, Vice President Professor Yemi Osinbajo, governors and their
deputies and other politicians since 1999.”
The Federal High Court sitting in Lagos had on Monday, May 11, 2020,
dismissed the application filed by SERAP seeking “an order of mandamus
to direct and compel the CCB to make available to the public specific
details of asset declarations submitted to it by successive presidents,
vice-presidents, senate presidents, speakers of House of
Representatives, state governors and their deputies since 1999.”
Justice Muslim Hassan declined the prayers, holding that, “I agree with
the CCB that the duty to make the asset declaration form of public
officers available is dependent upon the terms and conditions to be
proscribed by the National Assembly. The terms and conditions must be
specific and related to asset declaration of public officers and not
legislation of general nature such as the Freedom of Information Act.”
SERAP in the appeal filed last week contended that, “The learned trial
judge misinterpreted the provision and purport of paragraph 3[c], Third
Schedule, Part 1 of the 1999 Nigerian Constitution (as amended). The
judge did not consider that the Freedom of information was enacted by
the National Assembly in 2011 to grant public access to public
documents.”
SERAP also argued that, “The learned trial Judge erred in law by holding
that the Freedom of information Act is a legislation of general nature
in relation to public access to asset declaration forms of public
officers. The judge erred in law when he held that SERAP’s application
‘is unmeritorious and it is accordingly dismissed.'”
SERAP also contended that, “the learned trial judge failed to apply the
provisions of Article 9 of the African Charter on Human and Peoples’
Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation
of Nigeria 2004, which allows access to public documents to the facts of
this case.”
According to SERAP, “The failure or refusal by the CCB to provide the
information requested by SERAP constitutes a violation of their right to
freedom of information guaranteed by Article 9 of the African Charter on
Human and Peoples’ Rights.”
The appeal filed on SERAP’s behalf by its lawyers Kolawole Oluwadare,
Opeyemi Owolabi and Adelanke Aremo, read in part: “The learned trial
judge failed to determine whether the asset declaration forms kept in
the records of the CCB are public documents. The judge failed to
determine whether the public interest in disclosing the information
outweighs whatever injury that the disclosure would cause the CCB and
public officers.”
“The learned trial judge erred in law when His Lordship failed to
determine the real questions in issue in the suit. The judge failed to
determine whether SERAP’s freedom of information request falls within
the purview of those exempted under the Freedom of Information Act.”
“Asset declaration forms submitted by public officers are public
documents in the custody of the CCB. The CCB is under a legal obligation
to provide the information requested by SERAP in accordance with the
provisions of the Freedom of Information Act, and the African Charter on
Human and Peoples’ Rights.”
SERAP is therefore seeking “an order allowing the Appeal, and setting
aside the judgement of the Honourable Justice Muslim Hassan delivered on
Monday, 11th May, 2020.”
SERAP is also asking the Court of Appeal for “an order granting all the
reliefs sought by the Appellant in the Appellant’s motion on notice
dated 4th October 2019 before the lower court including an order of
mandamus directing and compelling the CCB to publish details of asset
declarations as prayed; and a declaration that the failure of the CCB to
publish the asset declarations amounts to a breach of legal obligation.”
SERAP is asking the Court of Appeal for “a declaration that the failure
of the CCB to provide specific documents and information on the number
of asset declarations so far verified by it, 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 violates the Freedom of
Information Act and the African Charter.”
SERAP is also seeking an “order of mandamus directing and compelling the
CCB to 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.”
SERAP is asking for “any other relief or reliefs the Court of Appeal may
deem fit to grant in the circumstances and pursuant to its inherent
powers.”
It would be recalled that SERAP had in suit number FHC/L/CS/1019/2019
argued: “Asset declarations of presidents and state governors submitted
to the CCB are public documents. Public interest in disclosure of the
details of asset declarations 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.”
The suit, read in part: “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.”
“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.”
“Democracy cannot flourish if governments operate in secrecy, no matter
how much open discussion and debate is allowed.”
No date has been fixed for the hearing of the appeal.