Justice Abdu Kafarati of the Federal High Court, Abuja has granted two civil society organizations leave to bring substantive suits against the Code of Conduct Bureau for failure to release to the public the assets declaration of public officials.
The request, granted on April 3, was for the CCB to reveal the details of the assets declared by officials in the administrations of former President Goodluck Jonathan and President Muhammad Buhari.
The granting of the leave follows the hearing of the motion ex-parte filed by the two organizations – the Public and Private Development Centre and African Centre for Media and Information Literacy – on the failure of the CCB to provide information on written declaration of assets of elected and appointed office holders under the Freedom of Information Act 2011.
At the hearing, Godwin Chigbu, lawyer to the applicants, requested for leave of court to file a suit against the Code of Conduct Bureau on its failure to respond to the FoI requests made by both organizations.
AFRICIMIL requested for copies of written asset declaration of past and current Principal Officers of both chambers of the 7th and 8th National Assembly, as required by the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended, while PPDC requested copies of the written asset declaration of past and current governors of the 36 states in Nigeria, since 2011 till date, as required by the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended; past and current ministers of all Ministries in Nigeria since 2011 till date, as required by the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
Others requested for are:
. Jonathan, upon assumption of office on May 29, 2011 and after his exit from office on May 29, 2015, as required by the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
. The Former Vice President of Nigeria, Arch. Namadi Sambo, upon his assumption of office on 29th May 2011 and after his exit from office, on 29th May 2015, as required by the provisions of the 1999 Constitution of the Federal Republic of Nigeria as amended.
The Current President of Nigeria, Muhammadu Buhari upon his assumption of office, on 29th May 2015, as required by the 1999 Constitution of the Federal Republic of Nigeria as amended.
. The Current Vice President of Nigeria, Prof. Yemi Osibanjo (SAN) upon his assumption of office as Vice President, on 29th May 2015, as required by the 1999 Constitution of the Federal Republic of Nigeria as amended.
Although both organizations made these requests under the Freedom of Information Act, 2011, the CCB failed to respond to any of these requests within the time stipulated in the Act, thereby leading to the filing of a motion ex-parte by both organizations.
It is the constitutional responsibility of the Bureau to retain custody of written asset declaration forms of public officers and make them available and accessible for inspection by any citizen of Nigeria on such terms and conditions as the national assembly may prescribe.
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