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:
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
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
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