The Socio-Economic Rights and Accountability Project has urged President Muhammadu Buhari to use his “leadership position and role as an African Union anti-corruption advocate to widely publish his asset declaration form at the end of his term in May.” 2023 and leave a legacy of transparency”.
SERAP made the demand in an open letter dated April 15, 2023, signed by its Deputy Director, Kolawole Oluwadare
SERAP also urged him to “encourage Vice President Professor Yemi Osinbajo; the President of the Senate, Dr. Ahmad Lawan; The Speaker of the House of Representatives, Mr. Femi Gbajabiamila and high-ranking officials of the next administration also promptly publish their assets to date.”
In accordance with the Code of Conduct for Public Officials, contained in Part I of the Fifth Schedule of the Constitution of Nigeria, 1999 1999 [as amended], all public officials must declare their assets immediately after taking office; at the end of every four years; and at the end of his term.
In the open letter, the organization said: “Publishing its asset declaration form and encouraging other civil servants and officials in the next administration to do so would allow Nigerians to examine the assets and value of civil servants before taking office.” and at the end of his term. End of office.”
SERAP said: “Those who voluntarily seek or hold public office and are served by the public have certain fiduciary duties to be open, transparent and accountable to Nigerians regarding the details of their asset declaration forms.”
According to SERAP: “Because asset declaration forms are public documents, public officials cannot claim that publishing their assets would violate their privacy rights. There is an overriding public interest in the disclosure of information about the assets of public officials who are clearly the trustees of Nigeria’s wealth and resources.”
The letter reads in part: “SERAP urges you to emulate the good example of former President Umaru Musa Yar’Adua, who consistently published his asset declaration forms as President and Governor of Katsina State.
“He also planned a legislative reform to make it mandatory for all public officials to publicly declare their assets. He believed that publishing his assets would put pressure on other public officials to do so.
“Publishing your asset declaration form and encouraging other public officials and officials in the next administration to do so would also send a powerful message of your commitment to upholding the country’s constitutional guarantees and international obligations.
“It would also show that you are ready to do whatever it takes to leave a legacy of transparency and accountability.
“As well as encouraging other officials and officials of the next administration to release their asset declaration forms, the widespread publication of their asset declaration form would also address allegations that many officials tend to make false declarations to conceal acquired assets. illegally in corruption or abuse. of office.
“Our applications are made in the public interest and in accordance with the requirements of the Nigerian Constitution of 1999. [as amended]; the Freedom of Information Act; the UN Convention against Corruption; African Union Convention on Preventing and Combating Corruption; the International Covenant on Civil and Political Rights; and the African Charter on Human and Peoples’ Rights to Nigeria is a state party.
“According to the Code of Conduct for Public Officials, contained in Part I of the Fifth Schedule of the Nigerian Constitution of 1999 1999 [as amended]all public officials must declare their assets.
“Paragraph 11(1)(a)(b) of the Fifth Schedule establishes that every public official immediately after taking office and thereafter (a) at the end of every four years; and (b) at the end of his term, submit to the CCB a written statement of all assets, assets and liabilities of him and those of his unmarried children under eighteen years of age.
“Section 15(1) of the CCB and Courts Act also requires all public officials to declare their assets.
“Article 7(1) of the African Union Convention to Prevent and Combat Corruption and Articles 7(4) and 8(5) of the United Nations Convention against Corruption also contain similar provisions and requirements for public officials declare their assets before, during, and after serving in public office.
“The Nigerian Constitution and anti-corruption and human rights treaties show the important role that asset disclosure by public officials plays in promoting transparency, accountability and preventing and fighting corruption in the public service.
“Section 109 of the Evidence Act defines a public document to include documents forming the acts or records of the acts of public officials. Asset declaration forms held at the Code of Conduct Office therefore qualify as public documents under section 109.
“Section 39 of the Nigerian Constitution provides for the fundamental right to information. Article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights also guarantee access to information.
“We hope the highlights help guide your actions in taking action to publish your asset disclosure form and encourage others to do so.”
