INEC Chairman’s Assets not Public Information Court Rules
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Nigerian court strikes out suit compelling Code of Conduct Bureau to release the asset declaration form of the electoral chairman
A Federal High Court sitting in Abuja Wednesday, struck out a suit compelling the Code of Conduct Bureau (CCB) to release the asset declaration form of the Independent National Electoral Commission (INEC) chairman Professor Mahmood Yakubu and thise of his unmarried children.
Emmanuel Agonsi the applicant in the court matter was told by the presiding judge, Justice John Tsoho that he failed to establish that it was in the public interest for the CCB to make public the information he sought.
In the suit, Agonsi sought an order of mandamus directing the CCB to release to him details of the asset declaration forms of Yakubu’s unmarried adult children in its custody as requested in his letter of Dec. 17, 2020. In the letter he requested the court to examine certified copies of the assets declaration forms of Yakubu and his unmarried adult children submitted to CCB for the period between 2007 and 2012 when he held office as executive secretary, Tertiary Education Trust Fund (TETFUND) and as INEC chairman between 2015 and 2020, and any other ones declared thereafter.
But the INEC chair, in a preliminary objection, prayed the court to strike out the suit for being incompetent.
Delivering the judgment, Justice Tsoho upheld the preliminary objection raised by Yakubu on the ground that the applicant failed to provide material facts to convince the court to grant his prayers.
The judge said: “Having considered the facts, circumstances of the case and the submissions of counsel, it is my respective view that the applicant does not warrant the grant of the reliefs sought.”
“The information sought related to personal information and personal privacy which is exempted under Section 14(1) of the Freedom of Information Act.”
He said the applicant had failed to show reasons the respondents ought to disclose the information vide Section 14(2)(a) of the act.
“The applicant has not established by credible evidence that there exists public interest in disclosing the information which outweighs whatever injury that the disclosure of the information will cause,” he said. Justice Tsoho then proceeded to strike out the case.
In January, a High Court of the Federal Capital Territory (FCT) declared that the assets declaration form of the INEC chair was validly filled, lawful and in compliance with the law. In his ruling Justice M. A. Hassan barred security agencies from investigating the INEC boss over his valid assets declaration.
Akowe with reports from Abuja
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