SERAP Asks Appeal Court To Order Release Of Asset Declaration By The Presidency

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.”

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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.”

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