This is coming after the Socio-Economic Rights and Accountability Project (SERAP) requested for public disclosure of Buhar’s asset following the Freedom of Information (FOI) act.
In response, the Code of Conduct Bureau said disclosure of such information would lead to ‘invasion of privacy’ said only the national assembly can prescribe conditions for the release of the forms, but such conditions are yet to be prescribed.
Here is a full copy of the feedback CCB sent to SERAP;
“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,” the letter read.
“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.”
According to The Cable, SERAP’s deputy director, in a statement on Tuesday, said they will challenge the decision of the CCB at the court, noting that “declaration forms are public information, and not private information”.