SERAP to Tinubu: Publish your assets, encourage Shettima, others to do same

The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to direct the Code of Conduct Bureau (CCB) to publish his assets and encourage Vice President Kashim Shettima, ministers, National Assembly leaders, state governors, and local government chairmen to do the same.

In a letter dated December 28, 2024, SERAP commended Tinubu’s consideration of requesting the CCB to release his asset declaration.

The organisation urged the president to act on his intent, arguing that public officials’ asset declarations should be transparent to reduce opportunities for corruption.

SERAP also stressed that secrecy in asset declarations continues to foster corruption, particularly in state and local governments.

The group urged Tinubu to push for the implementation of the Supreme Court’s July 2024 ruling, which barred governors from taking over local government funds, and to hold those who defy the ruling accountable.

The letter further noted that public access to asset declarations promotes public trust, accountability, and transparency, helping to restore confidence in government institutions and reduce the misuse of public funds.

SERAP also noted Nigeria’s constitutional and international commitments to ensuring transparency in public office.

The organisation said: “We welcome your reported decision to consider asking the CCB to publish your assets as a significant development, and a signal of your intent, willingness, and commitment to show leadership on this important matter of public interest.

“But your ‘consideration’ would ‘carry more weight’ if you were to promptly translate the intent into action by asking the CCB to publish your assets and encouraging your Vice-President, ministers, leadership of the National Assembly and state governors, as well as the chairmen of local governments to do the same.

“Secrecy in the assets declared by high-ranking public officials to the CCB continues to facilitate corruption at all levels of government, especially in the country’s 36 states, the Federal Capital Territory, and federal ministries, departments and agencies [MDAs], as well as local governments.

“Secrecy in asset declaration forms also provides the biggest opportunities for the abuse of public money for private gain. Acting as recommended would reduce the opportunities for corruption at all levels of government.

“However, transparency and accountability in the states and local governments won’t happen without you pushing for the immediate and effective implementation of the Supreme Court decision of 11 July 2024, stopping state governors from taking over local government funds.”

“Asking the CCB to publish your assets and encouraging your Vice-President, ministers, the leadership of the National Assembly and state governors, as well as the chairmen of local governments to also ask the CCB to publish their assets would promote and ensure public trust, transparency and accountability.

“Transparency and openness would also increase public confidence in the integrity of high-ranking public officials and government generally, and ensure that political authorities are honest when they provide services to the people.

“Despite the Supreme Court decision, several state governors reportedly continue to take over local government funds.

“Your intent, willingness and expressed commitment to promote transparency in asset declarations should include prioritising the immediate and effective implementation of the Supreme Court judgment and holding state governors to account for contempt of court, as they continue to blatantly disobey the judgment.

“The immediate and effective implementation of the Supreme Court judgment is the best antidote for reducing cases of state-level corruption and would contribute to addressing the allegations of diversion of local government funds needed for vital public services.

“Corruption continues to directly affect the lives and well-being of millions of Nigerians in several states and to erode public trust in public institutions.

“Corruption is one the greatest challenges to improving the country’s democracy and rebuilding a transparent, accountable and participatory system of governance. One way that corrupt politicians in the country have perpetuated corrupt practices is through hiding assets.

“There are widespread reports of corruption in several states of the federation, and federal ministries, agencies and departments [MDAs].

“The best measure of a country’s progress toward transparency and accountability is total obedience to the rule of law. The law ought to command the highest levels of respect by, for example, the state governors immediately obeying the Supreme Court judgment and stop collecting and taking over local government funds.

“Nigeria’s democracy ought to have as its foundation transparency, accountability and respect for the rule of law at all levels of government.

“Treating the Supreme Court judgment with contempt is antithetical to any contemporary notion of the rule of law and democracy, and counter-productive to any efforts to hold state governors to account for their alleged misuse of public funds.

“The Nigerian Constitution 1999 [as amended] acknowledges the importance of citizens’ access to the details of assets filed with the CCB by public officers, as contained in Paragraph 3 (c) of Part 1 of its Third Schedule.

“According to the Code of Conduct for Public Officers, contained in Part I of the Fifth Schedule to the Nigerian Constitution, all public officers are to declare their assets.

“Paragraph 11(1)(a)(b) of the Fifth Schedule provides that every public officer shall immediately after taking office and thereafter (a) at the end of every four years; and (b) at the end of his/her term of office, submit to the CCB a written declaration of all his properties, assets, and liabilities and those of his unmarried children under the age of eighteen years.

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“Section 15(1) of the Code of Conduct Bureau (CCB) and Tribunal Act also requires all public officers to declare their assets.

“Article 7(1) of the African Union Convention on Preventing and Combating Corruption and articles 7(4) and 8(5) of the UN Convention against Corruption to which Nigeria is a state party contain similar provisions and requirements for public officials to declare their assets before, during, and after serving in public office.

“The Nigerian Constitution and the anticorruption and human rights treaties show the significant role that asset declaration by public officials plays in promoting transparency, accountability and preventing and combating corruption in the public service.

“Section 109 of the Evidence Act defines a public document to include documents forming the acts or records of the acts of public officers. Asset declaration forms kept with the Code of Conduct Bureau therefore qualify as public documents under section 109.

“We hope that these recommendations will help guide your steps in taking the necessary action to ask the CCB to publish your assets and to encourage your vice president, ministers, the leadership of the National Assembly, state governors and chairmen of Nigeria’s 774 local governments to do the same.”