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SANs tell SERAP to sue CCB over Buhari’s asset declaration
Senior Advocates of Nigeria (SANs) Wednesday advised a civil society organisation, Socio-Economic Rights and Accountability Project (SERAP), to challenge in court, the refusal of the Code of Conduct Bureau (CCB) to disclose the details of President Muhammadu Buhari’s assets.
Sequel to the Freedom of Information (FoI) Act, SERAP had sought from the CCB the disclosure of assets declarations submitted by successive president and governors from 1999 till date.
But in a letter by Musa Usman, on behalf of CCB chairman, the bureau said the request “falls short of the requirement of the law,” adding that the information requested cannot be provided because of “invasion of privacy.”
However, a SAN and former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba, described the refusal of the CCB to disclose the details of Buhari’s assets as double standard.
Agbakoba said the action of the CCB amounted to double standard considering what happened to the former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
Onnoghen was recently convicted by the Code of Conduct Tribunal (CCT) on an alleged six-count charge of failure to declare all his assets as required by the law for public office holders.
The charges were preferred against him by the federal government following a petition filed at the CCB by one Mr. Dennis Aghanya, a director of the Anti-corruption and Research Database Initiative.
Aghanya did not state how he got to know that the former CJN did not update his asset declaration forms since he assumed office.
“It’s double standards given what happened to Justice Onnoghen,” Agbakoba said.
On the next step SERAP should take, the former NBA chair advised SERAP to challenge the refusal in court.
Another senior lawyer, Chief Emeka Ngige (SAN), urged SERAP to go to court to challenge CCB, adding that it would be interesting to see how the court would decide the issue.
Ngige said as a democratic nation, issues such as these should be resolved by the courts, stressing that not only would it be a test case, it would also be an opportunity to find out if the forms lodged with agencies like CCB can be accessed by non-governmental and civil society organisations.
“Let them go to court and challenge CCB. We are in a democracy. It would be a test case. It is an opportunity to determine whether the forms lodged with CCB can be accessed by NGOs. The case can even go beyond the High Court up to as far as the Supreme Court,” he said.
Also reacting, another SAN, Mr. Ahmed Raji, advised SERAP to go to court, which according to him, is saddled with the responsibility of interpreting the law.
While the senior lawyer agreed that the Freedom of Information Act allows members of the public to access information on public officers, he added that there are some exceptions under the Act, which only the court can best determine.
“SERAP is advised to contest the refusal in court. While it is true the Freedom of Information Act is there, there is the need to ascertain whether the class of documents falls into one of the few exceptions under the Act. Let us be guided by the courts,” he said.
Another SAN, Prof. Akinseye George, however, said there was no constitutional or statutory obligation on the bureau to publish the assets declaration forms of the president, vice-president and others.
“But under the Freedom of Information Act, the bureau is obliged to release the information,” he said, adding: “Also, in line with the anti-graft policy of the administration, the asset declaration forms ought to be made public.”
According to him, both the president and the vice-president made their declarations public at the beginning of the first term.
“It is even more important that after they have spent four years, they should make their assets public. That’s the practice in other serious democracies,” he added.
Human rights lawyer, Mr. Femi Falana (SAN), condemned the CCB for refusing to grant the FoI request by SERAP because assets declaration form is private information.
He described the grounds as “illogical,” saying that by not disclosing the assets of the president, the federal government has failed to show commitment to the fight against corruption by encouraging secrecy with respect to asset declaration by public officers.
He said: “With respect, it is illogical to claim that the asset declaration forms submitted by the erstwhile public officers are private documents. Accordingly, the rejection of the request by SERAP is a contravention of section 1 of the Freedom of Information Act, 2011 and Article 9 of the African Charter on Human and Peoples Rights.
“It is hoped that the CCB will review its position and allow citizens to access the information in the declaration forms submitted to it by all public officers in view of the new policy of the Buhari administration to enforce effective asset declaration by public office holders.”
Also, the former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu, said the CCB was deliberately obstructing the implementation of the FoI Act and transparent governance which Buhari committed to before he became president.
Odinkalu, who was one of the forces behind the agitation and passage of the FoI Act in the country, noted that the constitution made release of asset information contingent on the adoption of legislative instrument to govern such release.
He said: “In negotiating the FoI Bill through parliament between 2008 and 2011, the need to ensure and govern disclosure of asset information under the control of the CCB was given and taken as an explicit rationale for the bill that later became the FoI Act.
“Now, the CCB chooses to dance to the tune of a disclosed masquerade. On December 9, 2015, the CCB disclosed that it had sought and received legal advice from then Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, instructing it not to disclose the asset forms of the president and Vice President Yemi Osinbajo. What I can’t understand is how the CCB chooses to elevate the opinion of a self-interested lawyer over and above the explicit provisions of our laws, including our constitution.”
Vanguard
The Enugu State government has inaugurated a steering committee to eliminate Gender-Based Violence, GBV, in the state, declaring zero tolerance for the social malaise.
The inauguration took place at the Government House Enugu.
The panel, which is chaired by the Commissioner for Children, Gender Affairs and Social Development, Mrs. Ngozi Enih, draws its membership from the Nigeria Police Force, Ministry of Agriculture and Agro Industrialisation, Ministry of Local Government, Rural Development and Chieftaincy Affairs, Ministry of Human Development and Poverty Reduction, Ministry of Trade, Investment and Industry, Ministry of Justice, Ministry of Health, Ministry of Education as well as the Civil Society.
Inaugurating the panel known as the Steering Committee for Strengthening Institutional and Community Responses to End Gender-Based Violence/Domestication of Enugu State Gender Policy using the Oputa Panel approach, Governor Peter Mbah restated his administration’s commitment to not bringing perpetrators of GBV to book, but also putting in place proactive measures – activities, infrastructure, and systems in place to prevent them.
Mbah, who was represented by the Secretary to the State Government, Prof. Chidiebere Onyia, said, “We take gender-based violence seriously. We have zero tolerance for it, and in Enugu State, we are ready to go the extra mile to deal with it.
“If you notice, the government has selected people that are very committed to this goal. This is not an activity where we just want to check-off the list. We will track this. We will monitor this, and we will have quarterly engagements on the successes that this particular committee has achieved in terms of reference that we are going to send.
“We will tighten those terms of reference indicators, so that we monitor what we are doing both in terms of cost input and the value added. It’s very important to us. Many people will be involved – civil society, the police and various ministries.”
He however, said that the effort was to protect everyone, men and women alike, as GBV was not restricted to any gender.
“The whole idea is to hold people responsible that are involved in matters relating to gender violence and deter people that by culture or by association get involved in that, protect women, protect our children, and in the case of violence against men, protect our men because most times we misconstrue gender violence to mean women, but it can also be men too.
“We encourage our men to speak out and to make sure they understand that the policy that Enugu State is soon going to domesticate is for everyone, and not only for the female gender,” he stated.
In her remark, Mrs. Enih, explained that the Oputa Panel approach was inspired by the need to cover all local peculiarities in domesticating the policy on GBV, restarting government’s confidence in the members of the panel.
“The approach we are going to use is the Oputa Panel approach, and in the Oputa Panel approach, we are going to tour the 17 Local Government Areas to get firsthand information about what our people are going through because policy is meant for the people, and a policy should suit the people.
“Again, every community has its peculiar problems, so that’s why the government decided that if we have to domesticate the gender policy, we have to hear from the people who own the policy and know the changes that they desire to see. That is the reason we are using this approach.
“The committee members are to also serve as judges. As we gather this information from our people, we will come back to tailor it in a way to suit the people of Enugu State, and then our policy is ready.
“We want the people to know that there is a gender policy for them. I can assure you that when the people are aware that there is such a policy, they will seek for the enforcement of that policy. So, this is not going to be one of those policies that will just lie on the shelf,” she said.
Digital solutions provider, Globacom, has congratulated Christians in Nigeria on this year’s Easter celebration, and urged them to emulate the noble qualities of Jesus Christ.
The company, in a goodwill message to the Christian faithful in the country, lauded their perseverance through the Lenten period which preceded Easter. It enjoined them to always promote the ideals of selflessness, love and peace among all as a way of demonstrating the virtues of the exemplary life of Jesus Christ.
“Peace, love and sacrifice are the central message of Easter. Christ offered himself in atonement for the sins of the world and he lived a life which made Him an eternal symbol of peace and goodwill for mankind”, Globacom added.
The company enjoined all Nigerians to share in the lessons of promoting selflessness, a necessary ingredient in the growth and development of every society. It also enjoined all Nigerians to join hands to make Nigeria a better place for all.
Easter is celebrated yearly at the end of the Lenten season of fasting and prayer considered as a ritual of purification for the Christian faithful. It also precedes the crucifixion of the Lord Jesus Christ on Good Friday and His eventual resurrection on Easter Sunday.
The company assured its customers of seamless voice, data and Short Messaging Service (SMS) during and after the Easter celebrations, while urging them to avail themselves of the various data and voice offerings on the network.
The Guild of Private Broadcast Managers has extended its heartfelt congratulations to the Nigeria Union of Journalists (NUJ) as it celebrates its 70th Anniversary.
In a congratulatory message signed by the Guild’s National President, Ambassador Patrick Uzoyi-Peters, JP MNGRM, the guild described the milestone as a testament to the NUJ’s unwavering commitment to upholding press freedom, journalistic integrity, and the advancement of democracy in Nigeria.
“For seven decades, the NUJ has played a pivotal role in shaping the media landscape, advocating for the rights and welfare of journalists, and ensuring that the voice of the people remains strong and unyielding. Your resilience, professionalism, and dedication to ethical journalism have been instrumental in fostering transparency, accountability, and national development”.
Celebrating this historic achievement, the Guild’s President, Uzoyi-Peters recognized the sacrifices and contributions of journalists across the nation who work tirelessly to inform, educate, and empower society.
The Guild reiterated it commitment towards collaborating with the NUJ in promoting responsible journalism and strengthening the media industry for the greater good.
While wishing the NUJ continued success, growth, and greater impact in the years ahead, President Uzoyi-Peters prayed that the anniversary serve as a renewed call to uphold the principles of truth, fairness, and press freedom in our collective pursuit of a more informed and just society.
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