Court Dismisses SERAP’s Request For Judicial Review Of Code Of Conduct Bureau

A Federal High Court sitting in Lagos on Monday dismissed an application brought before it by  The Registered Committee of Socio-economic Right and Accountability Project seeking an order of court granting leave to apply for judicial review and to seek an order of mandamus directing and compelling the respondent to compile and make available to the applicant information on the number of asset declarations so far verified by the Code of Conduct Bureau and the number of those declarations found to be false and deemed to be in breach of the Code of Conduct for public officers by the bureau and to publish widely including on a dedicated website, any such information.

The applicant also sought for judicial review and to seek an order of mandamus directing and compelling the respondent to immediately take cases of false asset declarations to the Code of Conduct Tribunal for effective prosecution of suspects, and include banning the politicians involved from holding public offices for at least a period of 10 years and seeking refund of stolen public funds as part of the reliefs to be sought before the tribunal.

But in his judgment on Monday, Justice Muslim Hassan declined from granting the prayers.  Code Of Conduct Bureau

In dismissing the application, Hassan referred to section 15(3) of the constitution, which establish Code of Conduct Bureau and it composition.

In paragraph 3(a,b&c) of part 1 3rd schedule of the 1999 constitution and held that the provision of paragraph 3(a&c) of the 3rd schedule part 1 of 1999 constitution is very clear and unambiguous.

He said, "I agree with the respondent that the duty to make the asset declaration form of public officer available for any person or institutions and for whatever purpose is dependent upon terms and conditions to the proscribed the National Assembly.”

The court held that it was the duty of the National Assembly to proscribe the way and conditions for the release of asset declaration for inspection.

The court further held that the terms and conditions to be prescribed by National Assembly must be specific and related to asset declaration of public officers and not a legislation of general nature such as the freedom of information Act, 2011.

 

Legal News AddThis :  Original Author :  SaharaReporters, New York Disable advertisements :