Saturday, June 20, 2015

Why we cannot make Buhari/Osinbajo assets public - Code of Conduct Bureau

The Code of Conduct Bureau has explained why it is impossible to make public the details of assets declared by President Muhammadu Buhari and Vice President Yemi Osinbajo. DailyPost reports
CCB said its hands were tied because of limitations in federal laws covering such release.
Buhari had pledged to publicly declare his assets despite the lack of a law requiring him to do so as the 1999 Constitution stated that office holders should declare their assets, without requiring them to do so publicly.

While the President continues to drag foot on the subject, the presidency came out to say details of his declaration will be made available after the Code of Conduct Bureau authenticates claims in the forms.
Refusing to be patient, a civil society group, Stop Impunity Nigeria, an affiliate of the Centre for Social Justice, on June 1, 2015 applied to the CCB to request copies of the completed assets declaration forms by the President and his deputy.
The application, signed by the Lead Director of the Centre, Eze Onyekpere, was pursuant to the provisions of the Freedom of Information Act, FOIA, 2011.
Responding, via a memo dated CCB/HQ/670/G/1/104 on June 10, 2015 but made public yesterday, the CCB declined the request, citing the absence of prescribed law by the National Assembly authorizing the release of such information to the public.
The letter signed by Ijeanuli Ofor on behalf of the Chairman, however, conceded the right by Nigerians under section 1(1) 3 and 4 of the FOIA 2011, to “access or request information, whether written or not in written form, in the custody of any public agency”.
CCB said regardless of this, “sections 12(1) (a) (v), 14(1) (b) and 15(1)9a) of the same Act empowered it to decline any request, which it considered an invasion of personal privacy.
“Assets declarations by public officers contain such personal information, which falls within the exemptions to the disclosure of information in the FOIA,” the Bureau added, explaining further that, paragraph 3(c of the Third Schedule, Part 1 of the constitution (as amended) empowered it to “make assets declarations of public officers available for inspection by any citizen of Nigeria only on terms and conditions prescribed by the National Assembly.
“However, the terms and conditions under which that can be done have not yet been prescribed by the National Assembly”.

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