Battle To Know Buhari’s Assets Goes To Appeal Court

By GWG Staff

Socio-Economic Rights and Accountability Project (SERAP) has asked the Court of Appeal sitting in Lagos to set aside a judgment of a Federal High Court and to order public disclosure of the declared assets of President Muhammadu Buhari, Vice President Yemi Osinbajo and all governors and their deputies.

The Federal High Court sitting in Lagos had on Monday, May 11, 2020, dismissed the application filed by SERAP seeking “an order of mandamus to direct and compel the CCB to make available to the public specific details of asset declarations submitted to it by successive presidents, vice-presidents, senate presidents, speakers of House of Representatives, state governors and their deputies since 1999.”

Justice Muslim Hassan declined the prayers, holding that, “I agree with the CCB that the duty to make the asset declaration form of public officers available is dependent upon the terms and conditions to be proscribed by the National Assembly. The terms and conditions must be specific and related to asset declaration of public officers and not legislation of general nature such as the Freedom of Information Act.”

SERAP in the appeal filed last week contended that, “The learned trial judge misinterpreted the provision and purport of paragraph 3[c], Third Schedule, Part 1 of the 1999 Nigerian Constitution (as amended).

“The judge did not consider that the Freedom of information was enacted by the National Assembly in 2011 to grant public access to public documents.”

SERAP also argued that, “The learned trial Judge erred in law by holding that the Freedom of information Act is a legislation of general nature in relation to public access to asset declaration forms of public officers. The judge erred in law when he held that SERAP’s application ‘is unmeritorious and it is accordingly dismissed.'”

SERAP also contended that, “the learned trial judge failed to apply the provisions of Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004, which allows access to public documents to the facts of this case.”

According to SERAP, “The failure or refusal by the CCB to provide the information requested by SERAP constitutes a violation of their right to freedom of information guaranteed by Article 9 of the African Charter on Human and Peoples’ Rights.”

The appeal was filed on SERAP’s behalf by its lawyers Kolawole Oluwadare, Opeyemi Owolabi and Adelanke Aremo.

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