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The Law Does Not Mandate Public Asset Declaration – CCB

by John Ojewale
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The Code of Conduct Bureau (CCB) says the law does not mandate the Bureau to make public assets declared by public servants. However, officials who wish could on their own make their public. This statement was made as President, Major General Muhammadu Buhari (retd.) and Vice-President, Professor Yemi Osinbajoand, other public servants are preparing to declare assets as they leave office, in accordance with law requirements.

A senior CCB official, Veronica Kato, stated that the department would only provide such documents upon court order. This is if officials are being investigated for corruption, related corruption, or the acquisition of assets or property.

Kato said-

“It is not possible to make the assets declared to the CCB by these public officials public. There is a law guiding the CCB, and that law does not allow us to do so. This is due to the conditions upon which the assets declaration is constituted according to the guidelines.

“The assets declaration form is to be given to the public officials on terms and conditions as prescribed by the National Assembly, and those terms and conditions, up till now, do not permit us to make it available to the public. Besides, it is a private document, and it’s confidential.”

Kato noted that journalists often want access to such information. However, it is beyond the CCB to make such information public due to the breach of the owner’s confidential details.

She added-

“It’s a different case where there’s a petition or something of that sort demanding that a particular official’s declared assets should be made available for investigation purposes. If a public official decides to make it public, such a person will do that. We have been established for over 25 years and don’t make declared assets’ details public because we don’t have the power to do that.”

“For example, when the incumbent President and his deputy came into office, they declared their assets publicly. That was their decision. They are also the only ones who can decide to make the assets public as they leave.

“Our duty is to ensure that public officials declare their assets to the CCB; we take custody of the asset declaration forms and verify those assets. When we see red flags, we investigate and prosecute them if we find contravention against the code of conduct rule. Those are our primary functions.”

When asked how the citizens could assist the CCB when they do not know the assets listed in the forms, Kato said if any citizen felt a public official had acquired more than they had before getting into office-

“and the citizen can provide evidence to prove that such assets were acquired with illicit funds and through the abuse of their office, the citizen can write a petition to the CCB, and we will investigate and compare what they declared with what they now have.”

Kato added –

“If we can establish beyond reasonable doubt that these things were acquired illicitly, then we go to court.”

Before the 2015 general election, Buhari promised to declare his assets and liabilities if voted into power publicly.

In a document titled, I Pledge to Nigeria, Buhari highlighted what he would do in his first 100 days. He said he would also encourage political appointees in his administration to declare their assets publicly.

He had said-

“I pledge to publicly declare my assets and liabilities and encourage all my appointees to publicly declare their assets and liabilities as a pre-condition for appointment. All political appointees will only earn the salaries and allowances determined by the RMFAC.”

After much criticism for their failure to fulfil their promise, which Buhari made after being sworn in September 2015, the Presidency eventually published Buhari and Osinbajo’s assets. Garba Shehu, Buhari’s spokesman, issued a statement revealing that Buhari valued his declared assets at less than N30m during his inauguration on May 29. Shehu also disclosed that the President kept his money in a local bank account. Besides having homes in Daura, Buhari has an orchard with various economic trees, a ranch containing 270 heads of cattle, 25 sheep and five horses, and shares in Berger Paints, Union Bank, and Skye Bank (presently Polaris Bank).

Osinbajo, on his part, declared N94m and $900,000 held in his bank accounts. He declared a four-bedroom residence in Lagos and a three-bedroom flat in Ikoyi. He also declared another two-bedroom apartment at the Redemption Camp along the Lagos-Ibadan Expressway.

The Vice-President also listed a mortgaged property with two bedrooms in Bedford, England.

Shehu added-

“Apart from his law firm, SimmonsCooper Partners, the Vice-President also declared shareholding in six private companies based in Lagos, including Octogenerium Limited, Windsor Grant Limited, Tarapolsa, Vistorion Limited, Aviva Limited and MTN Nigeria.

“His personal vehicles are one Infinity four-wheel drive SUV, one Mercedes Benz and a Prado SUV.”

In May 2019, before his inauguration for a second term, Buhari submitted a second set of assets declaration forms to the CCB. It was stated that the declaration showed no significant changes in assets as he declared in 2015.

“There are no new houses, no new bank accounts at home and abroad, and no new shares acquired,” he said.

 

cc: Punch Ng

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