President under fire for secret asset declaration

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President Muhammadu Buhari came under fire yesterday for not keeping to his campaign promise to publicly declare his assets. Respondents spoken to by New Telegraph urged the president to keep faith with his vow and declare his assets publicly. However, some lawyers defended the president’s Presidecision, saying he has not breached any law by not doing so. A human rights group, the Socio-Economic Rights and Accountability Project (SERAP) faulted Buhari and Vice- President Yemi Osinbajo for not publicly declaring their assets.
The group, in a statement urging them to do so, said this would be consistent with their apparent anti-corruption credentials and their expressed commitments to do so and in the best interest of transparency and accountability. In the statement by SERAP’s Executive Director, Mr. Adetokunbo Mumuni, the organisation said: “We welcome the official declaration of assets by the president and vice-president. This clearly complies with the requirements of the Nigerian Constitution as contained in Chapter VI Section 140.

However, the declaration before the Code of Conduct alone falls far short of the commitment to publicly declare their assets. “SERAP recalls that the president had said before the election that he would publicly declare his assets and liabilities and encourage all his appointees to publicly declare their assets and liabilities as a pre-condition for appointment.
We now expect the president to fulfill this promise to the Nigerian people.” The organisation added that it “trusts that the president and vice-president will move swiftly to publicly declare their assets and to publish widely the information on a dedicated website.” According to the organisation, Buhari and Osinbajo publicly declaring their assets will mark their commitment to the change they promised. “Public disclosure of assets will give the general public a true picture of the assets of the president and vice-president and will send a powerful message that it is not going to be business as usual with this government.

READ ALSO:PRESIDENT BUHARI AND OSINBAJO DECLARES ASSET

This will also follow the best practice by former President Umaru Musa Yar’Adua, boost this government’s fight against corruption and impunity of perpetrators, and fully comply with the provisions of chapter two of the dealing with Fundamental Objectives and Directive Principles of State Policy, which, among others, require the government to take steps to eradicate corrupt practices and the abuse of power. “We believe that public disclosure of assets is crucial for ensuring that public officials’ personal interests, including that of the president and vicepresident as the leaders of the nation, do not conflict with their duties and responsibilities. Public disclosure also helps to provide a baseline and thus means for comparison to identify assets that may have been corruptly acquired and that a public official may legitimately be asked to account for,” the group added.

It also urged Buhari to amend the law on declaration of assets to include the requirement of public disclosure so as to bring it in line with international standards and best practices. Human rights activist and lawyer, Mr. Fred Agbaje, also wondered why Buhari failed to keep to his campaign promise. He said in an interview that inasmuch as there was no law mandating him to publicly declare his assets, he had voluntarily pledged to do so and he should keep his promise. “There is no provision in the constitution that states that President Muhammadu Buhari must declare his assets publicly.

And in any case, my quarrel is that during the campaign, Buhari told the whole world that he was going to publicly declare his asset; why is he not doing so? But one should not be surprised next week if you read the declaration on the pages of newspapers. “But doing it secretly is in tandem with the constitution. Why the public will be worried was because Buhari told us during the campaign that he was going to make it publicly, otherwise, I don’t see anything wrong in what Buhari has done; declaring it privately or publicly does not violate any law.”

A constitutional lawyer and former Dean, Faculty of Law, University of Benin, Prof. Itse Sagay (SAN), while cautioning Nigerians against undue haste on the matter, said he was optimistic that Buhari would soon make his asset declaration public. Sagay, in an interview with New Telegraph, said: “Nigerians are just too impatient. These people declared their assets on Thursday just before they were sworn-in. What now gives the impression that it is not going to be made public? Personally, I have no doubt in my mind that it is going to be made public. And not only that, all political appointees under Buhari will be compelled to make their assets public after they have declared it to the Code of Conduct Bureau. “For me, that is the template of this administration and they have no choice.

If they are not to lose credibility and fail from day one, they have to do that. I expect that in this coming week we shall see the public declaration of the assets of the president and vicepresident. We should not be too impatient. But in case they did not publish their assets for people to know, that will be a major setback for this administration and it will affect their credibility.” An Abuja-based lawyer and President of Public Procurement Association, Wahab Olatoye, however, stated that the declaration of assets by Buhari and Osinbajo was in order.

“The constitution provides that any elected or appointed officer should declare their assets before assuming office. The law requires such officer to declare assets before taking the oath of office and at the end of the tenure. “The process is that such an officer will approach the Code of Conduct Bureau, obtain a form, where all his assets will be stated. Such form will be taken to the court to swear to an affidavit as to the effect that all the information therein is correct. Such form will be submitted to the Code of Conduct.

“There is a Freedom of Information law, anyone that wants to access it can approach the Code of Conduct. It is not that you will publish it in newspaper,” Olatoye added. Another lawyer, Olusoji Toki, also stated that there was nothing illegal in the way the president and his deputy declared their assets. “The constitution does not provide that assets should be declared publicly or secretly. It is just out of moral concern that some people make it public. “Once your assets have been declared before the Code of Conduct Bureau, technically it has become a public document. Any Nigerian can access it with the Freedom of Information Act. “The constitution does not say that asset declaration should be made public”, Toki stated. Also reacting, a Senior Advocate of Nigeria, Sir Amaechi Nwaiwu, backed the president.

He said: “The important thing as provided by the law is to pick a form from the Code of Conduct Bureau, fill it and return it. If you want to make the declaration public, it is a matter of choice, like Yar’Adua made his own public. Some others will just declare it; and by that, you have complied with the law.

“There is no crime that you did not declare it publicly. Declaring it publicly or secretly is of no issue. It is a matter of choice.” On why the president did not publicly declare his assets as he had promised, his spokesman, Mr. Garba Shehu, told New Telegraph that he had no answer to that. Shehu, in a response to New Telegraph’s inquiry, said: ” l am sorry l don’t have that information. I am sorry l don’t have it.” The National Publicity Secretary of the All Progressives Congress (APC), Alhaji Lai Mohammed, could not be reached on his mobile phone. However, Mohammed had earlier stated that there was a procedure for asset declaration and that the president was going to follow it.