Court grants Groups leave to sue CCB

COURT GRANTS PPDC AND AFRICMIL LEAVE TO SUE CCB FOR FAILURE TO DISCLOSE ASSET DECLARATION OF SENIOR PUBLIC OFFICIALS IN THE EXECUTIVE AND LEGISLATURE IN BOTH THE JONATHAN AND BUHARI ADMINISTRATION

On Monday, 3rd April, 2017, Justice Abdu Kafarati, sitting in Court 2, Federal High Court, Abuja granted two civil society organizations leave to bring substantive suits against the Code of Conduct Bureau (CCB).

The grant of leave follows the hearing of the Motion Ex-parte filed by the 2 organizations, the Public and Private Development Centre (PPDC) and the African Centre for Media and Information Literacy (AFRICMIL) 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:

1. The 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:

1. 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;
2. 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.
3. The Former President of Nigeria, Dr. Goodluck Ebele Jonathan, upon 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.
4. 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.
5. The Current President of Nigeria, Muhammadu Buhari upon his assumption of office, on 29^thMay 2015, as required by the 1999 Constitution of the Federal Republic of Nigeria as amended.
6. The Current Vice President of Nigeria, Prof. Yemi Osibanjo (SAN) upon his assumption of office as Vice President, on 29^th 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.

An update on the court proceedings will be published subsequently.