Court of Appeal Dismisses Suits Seeking Asset Declaration Forms of Jonathan, Buhari, and Others

The Court of Appeal in Abuja dismissed two separate appeals seeking an order to compel the Code of Conduct Bureau (CCB) to release the asset declaration forms of former presidents, vice presidents, and National Assembly principal officers.

The Public and Private Development Centre (PPDC) and the Incorporated Trustees of the African Centre for Media and Information Literacy had initially filed separate suits against the CCB and its chairman at the Federal Capital Territory High Court for their refusal to honor a Freedom of Information (FOI) request for the said asset declaration forms.

The PPDC requested the asset declaration forms of former President Goodluck Jonathan and his Vice President, Namadi Sambo, as well as ex-President Muhammadu Buhari and Vice President Yemi Osinbajo.

The African Media Centre, on the other hand, sought the asset declaration forms of former National Assembly principal officers.

The trial judge, Abdulkadir Abdu-Kafarati, dismissed the application, stating that the National Assembly had not prescribed the terms and conditions to apply for the release of such information.

Unsatisfied with the decision, the applicants approached the Court of Appeal for redress.

However, the Court of Appeal, led by Justice Okon Abang, also dismissed the appeals, ruling that the suits were premature.

Justice Abang noted that the appellants should have first sought a court order to compel the National Assembly to prescribe the terms and conditions for members of the public to access the asset declaration forms before approaching the CCB.

He added that the provisions of the FOI relied upon by the appellants were not in agreement with the provisions of the 1999 Constitution as amended.

“Contrary to the submission of the appellant, the applicability of the right to information established in the FOI is contiguous with the terms and conditions contained in Paragraph 3(c) Part 1, Third Schedule of the 1999 Constitution as amended, which is the supreme law of the land. The process cannot be circumvented.

The appellant has no choice but to comply with what the Constitution states,” Justice Abang said.

The Court of Appeal also awarded N200,000 as costs against the appellants in both cases.