The Court of Appeal gives reasons why the Freedom of Information Act cannot be invoked to compel CCB to release assets declaration forms submitted by Messrs Jonathan, Buhari, Sambo and Osinbajo.
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“This is a duty imposed on the National Assembly by the constitution, which is yet to be carried out by it. Until that is done, the appellant cannot urge the trial court to compel the respondent to disclose the information sought,” a member of the panel, Okon Abang, ruled in his lead judgement on Friday.
But the Federal High Court judge, Abdu Kafarati , who sat on the case, dismissed the suit in November 2017, holding that without the National Assembly prescribing the terms and conditions for access, the CCB cannot release the details of the assets declarations of the former presidents and vice presidents to the public.‘Only in lawyer’s imagination’
“It is my view that whatever provision is made in the Freedom of Information Act intended to serve or cover the purpose intended in Paragraph 3 of Part I of the Third Schedule of the Constitution, except the terms and provisions are prescribed by the National Assembly, the respondent cannot release for inspection assets declaration forms submitted by public officers or disclose any information stated in those forms to any member of the public.
“The appellant ought to have gone to court first to compel the National Assembly to prescribe the terms and conditions to comply with for access to assets declaration of public officers,” the judge said.
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