Saturday 6 June 2015

Ozekhome, Sagay Charged Nigeria President And His Vice To Declare Their Asset


Prominent legal experts have disagreed on the propriety of secret assets declaration of assets by President Muhammadu Buhari and his Vice, Yemi Osinbajo. Buhari had during his campaign said he would declare his assets publicly and that every one that would work with him will do same.
However, the President and his Vice had two days before their swearing-in secretly declared their assets with the Code of Conduct Bureau. However, while some lawyers said that the mode of declaration of asset by Buhari and Osinbajo were in order as the Constitution did not specifically provides for the way and manner by which assets should be declared, others have disagreed.

  • Constitutional lawyer and Senior Advocate of Nigeria (SAN ), Prof. Itse Sagay
It is compulsory for the president and his vice to declare their assets publicly, which is where credibility starts. I have no doubt that he will make it public because that is where credibility starts. That is where Dr. Goodluck Jonathan started losing credibility. Umaru Yar’Adua forced him to declare his assets in 2007, which he did reluctantly.
But when he was his own man, he said he does not give a damn and that is where he started sliding down. So, Buhari has no choice, it is absolute for himself and Osinbajo if change and credibility are going to be sustained. 

He should apply it to every other appointee of his regime, not just himself and Osinbajo, it is compulsory and absolute.

  • Chief Mike Ozekhome, SAN
Ozekhome urged President Buhari to declare his assets publicly in conformity with his campaign promises of breaking away from the old order. 

He reminded the President that Nigerians now have a long memory and would watch him closely. “I think President Buhari should realise that all the promises he made with his party, the APC constitute a check list that Nigerians are keeping closely with a biro at hand ready to tick either performed or not performed. 

I wouldn’t want to believe that some of the promises he made were empty words customised to get votes from Nigerians and then refrains from them later.”

  • Human rights activist, Ebun-Olu Adegboruwa
Adegboruwa has also regretted that the assets were not made public. “Government is run on trust and integrity; and this was one of the selling points for Buhari during his campaign, when he made a solemn covenant with Nigerians. There is no reason to turn away from that path of honour, which he has promised Nigerians.”

  • Fola Ojo
Nigerians should not be put through some frustrating and heart-throbbing official rigmarole request process called the FoI. According to him, “there is nothing “Free” about accessing wealth information of big boys in Nigeria, and it must change. 

If it’s not difficult to ascertain the wealth worth of Barack Obama of the United States, it must not be difficult in Nigeria if we have nothing to hide. 

I have sought some information in Nigeria for two years and up till today, I have heard nothing.”

  • Mohammed Fawehinmi
They have done what is required by law by declaring their assets officially; it is now the duty of the CCB to make it open or published it. However, it becomes an obligation on Buhari and Osinbajo to publish their assets publicly as contained in their electoral promises. This will be the beginning of the fulfillment of their promises to Nigerians.

  • Dr. Junaid Mohammed, Second Republic lawmaker
Nigerians should not blackmail or stampede Buhari into declaring his assets publicly. We must learn to live by what our rules and regulations say when issues like this come up. 

No democracy without rule of law and Buhari has done what he is supposed to do within the confines of the law. Without sounding irrational, I can personally state everything owned by Buhari. 

We have to be realistic and it is sheer nonsense when you are trying to tell a man what he already knows or what he is supposed to do.

  • Emeka Ngige, SAN
The President and his vice did not err in the declaration of their assets. There is nothing wrong in what the President and his vice have done. Anyone who is not satisfied with that should go to the Code of Conduct Bureau to get the information they need on the declaration. If the Code of Conduct refuses, they can invoke the Freedom of Information Act. When Yar’Adua did his declaration, he asked the code of conduct to make it public.

  • Femi Falana, SAN
The President and his Vice just took oath of office about a week ago and they declared their assets officially as required by law which stipulates 90 days. Meanwhile, they have promised to declare their assets publicly within 100 days. I hope it is better we wait for the 100 days.

  • Kayode Ajulo
The courts should be allowed to make a pronouncement on the matter. All I know is that we Nigerians just want to be intellectually lazy. It is so clear that Buhari declared his assets, there is no fuzz about anyone declaring his assets or not. 

When it comes to the declaration of assets under Code of Conduct law, you have to swear to an affidavit, that affidavit is pursuant to an old act, it is called the law of federation. In that act, any oath you are making in Nigeria, it is a public declaration.

  • Norrison Quakers and Fred Agbaje
The President and his vice had done all that the constitution required by submitting their asset declaration forms to the CCB.

  • Sam Olo gunorisa, SAN
There is no law that says you should do public declaration, what the law says is that you declare your assets before you assume office. The idea of making it a public is voluntary, and depending on your posture. And what the president has done is not secret because the code of conduct is a public institution.

He has fulfilled the law and it is in custody of code of conduct. The clamour will only show that you have nothing to hide and it will subject to public scrutiny. He can make it public but it is not a legal obligation. 

You cannot say that the man has breached any law.All what the law says is that he should do, and once it is submitted to code of conduct, the law assumes that it has been done. But if you want to win public accolade, then you can make it public. It is a choice.

  • Abubakar Malami, SAN
The only provision that has to do with asset declaration is the constructional provision, Part 1, paragraph 11 of the 1st schedule of the 1999 Constitution. And the provision clearly states that public officers shall at the point going into public office deliver unto the code of conduct their asset declaration and at the termination of their office, make similar declaration. 

It is clear that what is required is submission to code of conduct. It does not create an obligation for individual to make public, what he has to declare, in fact, the word in the constitution is “shall deliver” to the code of conduct. 

So, if you look at the legal implication of the word shall, the only obligation created by the constitution is submission to the code of conduct. The idea of going further to make public declaration is contemplated by the drafters of constitution. And where the constitution makes categorical and clear provision, you are not expected to add or subtract. 

So, if the constitution has not created the obligation of going public, it will amount to going outside the ambit of the constitution for contemplation of a public declaration.

  • Abdulwahab Olatoye (Legal Practitioner and President, Public Procurement Association)
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 the commencement before taken oath of office and at the end of the tenure. 

The process is that such 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; any one that wants to access it can approach the code of conduct. It is not that you will publish it on newspaper.

  • Olusoji Toki
The constitution did 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 bill. The constitution does not say that asset declaration should be made public.

  • Sir Amaechi Nwaiwu, SAN
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 is a matter of choice, like Yar’Adua made his own public. 

Some others will just declare it, by that you have comply with the law. There is no crime that you did not declare it public. Declaring public or secretly is of no issue. It is a matter of choice.

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