The Code of Conduct Bureau (CCB) has said it cannot disclose the details of President Muhammadu Buhari’s assets. CCB stated this in response to a Freedom of Information (FoI) request
by Socio-Economic Rights and Accountability Project (SERAP), which
sought a disclosure of assets declared by successive presidents and
governors from 1999 till date.
SERAP had asked the CCB to provide “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.”
They also wanted the CCB to make public, “information 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.”
However, in a letter signed by Musa Usman, the bureau said the request “falls short of the requirement of the law”.
The letter with reference number CCB/HQ/LU/047/59 said only the
National Assembly, can prescribe conditions for the release of the
forms.
“Paragraph 3(c) of the 3rd schedule to the 1999 Nigerian constitution
(as amended) empowers the bureau to retain custody of asset declaration
and make them available for inspection by any citizen on such terms and
conditions to be prescribed by the national assembly. These terms and
conditions are yet to be prescribed.
“Assuming the freedom of information Act is the term and condition,
Sections 12(1)(v) and 14(1)(b) of the Act makes information in the asset
declaration form private and producing such information would be an
invasion of privacy of presidents and governors. Section 14(2)(3) of the
same Act stipulate conditions for granting requests for private
information but these have not been met by SERAP’s application.
“Section 12(1)(a)(4)(a)(b) exempt production of information relating
to investigation for the purposes of law enforcement and such
investigation must have been carried out pursuant to an Act or
regulation. Verification is an investigation carried out pursuant to
Code of Conduct Bureau and Tribunal Act for the purposes of law
enforcement.
“Referring breaches of the Code of Conduct for public officers to the
Code of Conduct Tribunal for prosecution is a matter of discretion of
the bureau and not a matter of FOI.
“Consequently, I am further directed to convey to you that the
request in SERAP’s application for information on details of asset
declarations by presidents and state governors since the return of
democracy in 1999 is hereby denied on the grounds that it falls short of
the requirement of the law. Please accept the assurances of the highest
esteem of the Chairman CCB,” the letter read.