A Federal High Court in Lagos had on Monday, May 11, 2020, dismissed the application filed by SERAP seeking an order of mandamus to direct and compel the CCB to make available to the public specific details of asset declarations submitted to it by successive presidents, vice-presidents, senate presidents, speakers of House of Representatives, state governors and their deputies since 1999.
Justice Muslim Hassan declined the prayers, ruling that the duty to make the asset declaration form of public officers available is dependent upon the terms and conditions to be proscribed by the National Assembly.
The court ruled that the terms and conditions must be specific and related to asset declaration of public officers and not legislation of general nature such as the Freedom of Information Act.
SERAP in the appeal argued that the trial judge misinterpreted the provision and purport of paragraph 3c, Third Schedule, Part 1 of the 1999 Nigerian Constitution.
The Rights Group argued that the judge did not consider that the Freedom of information was enacted by the National Assembly in 2011 to grant public access to public documents.
SERAP also argued that the trial Judge erred in law by holding that the Freedom of information Act is a legislation of general nature in relation to the public access to asset declaration forms of public officers.
SERAP also contended that the learned trial judge failed to apply the provisions of Article 9 of the African Charter on Human and Peoples’ Rights Ratification and Enforcement Act Cap A9 Laws of the Federation of Nigeria 2004, which allows access to public documents to the facts of this case.
SERAP’s through its lawyers Kolawole Oluwadare, Opeyemi Owolabi and Adelanke Aremo wants the High Court judgment reversed by the Court of Appeal.
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