The Socio-Economic Rights and Accountability Project (SERAP) has given a seven day ultimatum to President Muhammadu Buhari, Vice-President Yemi Osinbajo and the 36 state governors as well as their deputies to provide information on their assets.
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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