On Friday, the Court of Appeal in Abuja rejected separate appeals seeking 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 each filed suits against the CCB and its chairman in a bid to obtain the asset declaration forms of former public office holders through a Freedom of Information (FOI) request.
PPDC sought the asset declaration forms of former President Goodluck Jonathan, his Vice President Namadi Sambo, ex-President Muhammadu Buhari, and Vice President Yemi Osinbajo, while the African Media Centre requested those of former National Assembly principal officers.
The trial judge, Abdulkadir Abdu-Kafarati, dismissed the application, stating that the National Assembly had not specified the terms and conditions for applying.
Unsatisfied with the ruling, the applicants appealed to the Court of Appeal seeking recourse.
However, Justice Okon Abang, delivering the lead judgment on Friday, also dismissed the appeals, stating that the suits were premature.
He said: “As at the time the suit was filed at the trial court, the National Assembly did not make any written instrument prescribing the terms and conditions that will guide any members of the public to either apply for the inspection of the assets form or disclosure of information in the forms in the custody of the respondent. ”
He noted that the appellants ought to have gone to court first to compel the National Assembly to prescribe the terms and conditions for members of the public to comply with before approaching the CCB to disclose personal information relating to the declaration of assets by former office holders.
Justice Abang also held 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.
“The 1999 Constitution as amended will nullify any provision of the FOI Act that is inconsistent with the constitution,” he said.
Justice Abang, however, awarded N200,000 each as costs against the appellants.
