Court Fixes Hearing On Asset Declaration Case
The National Coordinator of the Legal Defence And Assistance Project (LEDAP), Chino Obiagwu has said that the hearing for the case filed by the organisation against the Code of Conduct Bureau has been fixed for April 4 2013 by the Federal High Court Abuja.
LEDAP had filed a suit in July 2012 against the Code of Conduct Bureau demanding copies of the asset declarations of all federal ministers, state governors, the President and Vice President.
LEDAP had filed the suit to enforce its request to the bureau under the Freedom of Information Act.
However, the bureau claimed in its response that the Freedom of Information Act exempted it from disclosing declaration of assets of public officials because the asset declaration forms contain personal information about the assets of the officials and of their spouses and unmarried children.
In a letter signed by the Chairman of the bureau to LEDAP in July 2012, the agency said that it would not allow the public to know about the personal information of public officials because it has been exempted under sections 13(1)(v) and 15(1)(ii) of the Freedom of Information Act.
The Code of Conduct Bureau in the letter stated that “we note that Section 1 of the Freedom of Information Act, as a general principle, guarantees the right of any person to access or request for information whether or in written form, which is in custody of Code of Conduct Bureau or indeed any public agency. However, by Section 13(1)(v) of the Act, the Code of Conduct Bureau has power to decline your request as it will constitute an invasion of the personal privacy of the honourable ministers under section 15 of the Act. The asset declaration forms contain personal information about them and their properties, assets and liabilities and those of their spouses and unmarried children under the age of 18 and consequently comes under the exemption
under Section 13(1)(v) and 15(1)(ii) of the Act.”
In a statement released to Channels Television, LEDAP’s lawyer, Chino Obiagwu says that the claim by the bureau is not correct under the law. The information that the Bureau says are exempted under the FOI Act are the main target of the asset declaration law.
According to Mr Obiagwu, “the purpose of assets declaration laws is to enable the public and citizens know the worth of its public officials and their close relations so as to monitor how they acquire assets while in office and whether or not public funds are used for such acquisitions. This purpose cannot be achieved if the declarations are not accessible to the public. There is nothing private about the assets declaration. Any person who assumes public office must be ready to face public scrutiny”
LEDAP has now called on the judiciary to decide once and for all on the right of citizens to know the assets of their elected leaders and their spouse in order to monitor and report unlawful acquisitions. There is no way we can tackle corruption in this country if the civil society and indeed the citizens cannot have access to information on assets declared by the public officials and their dependants who they can use for unlawful acquisition of assets from misappropriated public fund”.