Code of Conduct Bureau refuses to release asset declaration forms of Abba Kyari and several others ministers

CODE of Conduct Bureau (CCB) officials have refused to release copies of the asset declaration forms of some prominent government operatives including the chief of staff in the presidency Abba Kyari and about three ministers.

Relying on the provisions of the Freedom of Information Act 2011, several media outlets wrote to the CCB on January 24 asking for copies of asset declaration forms. Apart from Mr Kyari, other ministers whose names were on the list include the secretary to the government of the federation Boss Mustapha, labour minister Dr Chris Ngige, the minister of works, housing and power Babatunde Fashola, communications minister of Adebayo Shittu and transport minister Rotimi Amaechi.

Other office holders whose asset declaration forms were also asked for from the CCB were information minister Lai Mohammed, agriculture minister Audu Ogbeh, aviation minister Hadi Sirika, attorney-general of the federation Abubakar Malami, the director-general of the Department of State Security Yusuf Bichi and finance minister Zainab Ahmed. Olusola Fabiyi, the head of the Abuja bureau of Punch newspapers, said they wrote to the CCB asking it to provide the list of defaulters.

In part, the letter read: “Beyond the listed political office holders’ asset declaration forms, kindly furnish us with the number and names of political office holders who have yet to fill and submit their asset declaration forms for whatever reasons. We will also want to know the number of names of political office holders the Code of Conduct Bureau is investigating over issues relating to asset declaration forms.”

Furthermore, the newspaper also urged the CCB to furnish it with the names of political office holders, who had yet to comply with the bureau’s directive to visit it for verification. However, despite a number of reminders during the seven-day period stipulated by the FoI Act, the CCB failed to respond to the letter.

Apparently, the FoI letter, which was addressed to the chairman of the CCB, was received by the bureau with a copy acknowledged by the office of the chairman on January 24. The FoI Act provides that public institutions must make the information requested available within seven days of receiving the request.

Also, the act says that failure to give access to the information requested for within the time limit provided by the Act is deemed as a refusal of access. Several senior lawyers said the agency had no legal basis not to respond to the letter even if the request would not be granted.

They said the agency’s decision to keep mum had reinforced rumours and belief that the anti-corruption war was one-sided. Former president of the Nigerian Bar Association, Olisa Agbakoba, said the information in the asset declaration forms of public officials should be released immediately upon request because they were in the public interest.

Mr Agbakoba added: “Generally, the FoI overturns the Official Secret Act and it is to make public information accessible upon request. But there is a proviso that says public institutions can withhold it for good public reasons or in the national interest but the CCB must state that in its response to the applicant.”

"Recall that the suspended Chief Justice of Nigeria, Walter Onnoghen, was suspended based on a petition filed by a civil society group Anti-Corruption and Research Based Data Initiative. Led by Dennis Aghanya, the group accused the CJN of false asset declaration and other sundry allegations."