Prominent legal experts have disagreed on the propriety of secret assets declaration of assets by President Muhammadu Buhari and his Vice, Yemi Osinbajo. Buhari had during his campaign said he would declare his assets publicly and that every one that would work with him will do same.
However, the President and his Vice had two days before their swearing-in secretly declared their assets with the Code of Conduct Bureau. However, while some lawyers said that the mode of declaration of asset by Buhari and Osinbajo were in order as the Constitution did not specifically provides for the way and manner by which assets should be declared, others have disagreed.
Constitutional lawyer and Senior Advocate of Nigeria (SAN ), Prof. Itse Sagay
It is compulsory for the president and his vice to declare their assets publicly, which is where credibility starts. I have no doubt that he will make it public because that is where credibility starts. That is where Dr. Goodluck Jonathan started losing credibility. Umaru Yar’Adua forced him to declare his assets in 2007, which he did reluctantly.
But when he was his own man, he said he does not give a damn and that is where he started sliding down. So, Buhari has no choice, it is absolute for himself and Osinbajo if change and credibility are going to be sustained. He should apply it to every other appointee of his regime, not just himself and Osinbajo, it is compulsory and absolute.
Chief Mike Ozekhome, SAN
Ozekhome urged President Buhari to declare his assets publicly in conformity with his campaign promises of breaking away from the old order. He reminded the President that Nigerians now have a long memory and would watch him closely. “I think President Buhari should realise that all the promises he made with his party, the APC constitute a check list that Nigerians are keeping closely with a biro at hand ready to tick either performed or not performed. I wouldn’t want to believe that some of the promises he made were empty words customised to get votes from Nigerians and then refrains from them later.”
Human rights activist, Ebun-Olu Adegboruwa
Adegboruwa has also regretted that the assets were not made public. “Government is run on trust and integrity; and this was one of the selling points for Buhari during his campaign, when he made a solemn covenant with Nigerians. There is no reason to turn away from that path of honour, which he has promised Nigerians.”
Fola Ojo
Nigerians should not be put through some frustrating and heart-throbbing official rigmarole request process called the FoI. According to him, “there is nothing “Free” about accessing wealth information of big boys in Nigeria, and it must change. If it’s not difficult to ascertain the wealth worth of Barack Obama of the United States, it must not be difficult in Nigeria if we have nothing to hide. I have sought some information in Nigeria for two years and up till today, I have heard nothing.”
Mohammed Fawehinmi
They have done what is required by law by declaring their assets officially; it is now the duty of the CCB to make it open or published it. However, it becomes an obligation on Buhari and Osinbajo to publish their assets publicly as contained in their electoral promises. This will be the beginning of the fulfillment of their promises to Nigerians.
Dr. Junaid Mohammed, Seco nd Republic lawmaker
Nigerians should not blackmail or stampede Buhari into declaring his assets publicly. We must learn to live by what our rules and regulations say when issues like this come up. No democracy without rule of law and Buhari has done what he is supposed to do within the confines of the law. Without sounding irrational, I can personally state everything owned by Buhari. We have to be realistic and it is sheer nonsense when you are trying to tell a man what he already knows or what he is supposed to do.
Emeka Ngige, SAN
The President and his vice did not err in the declaration of their assets. There is nothing wrong in what the President and his vice have done. Anyone who is not satisfied with that should go to the Code of Conduct Bureau to get the information they need on the declaration. If the Code of Conduct refuses, they can invoke the Freedom of Information Act. When Yar’Adua did his declaration, he asked the code of conduct to make it public.
Femi Falana, SAN
The President and his Vice just took oath of office about a week ago and they declared their assets officially as required by law which stipulates 90 days. Meanwhile, they have promised to declare their assets publicly within 100 days. I hope it is better we wait for the 100 days.
Kayode Ajulo
The courts should be allowed to make a pronouncement on the matter. All I know is that we Nigerians just want to be intellectually lazy. It is so clear that Buhari declared his assets, there is no fuzz about anyone declaring his assets or not. When it comes to the declaration of assets under Code of Conduct law, you have to swear to an affidavit, that affidavit is pursuant to an old act, it is called the law of federation. In that act, any oath you are making in Nigeria, it is a public declaration.
Norrison Quakers and Fred Agbaje
The President and his vice had done all that the constitution required by submitting their asset declaration forms to the CCB.
Sam Olo gunorisa, SAN
There is no law that says you should do public declaration, what the law says is that you declare your assets before you assume office. The idea of making it a public is voluntary, and depending on your posture. And what the president has done is not secret because the code of conduct is a public institution. He has fulfilled the law and it is in custody of code of conduct. The clamour will only show that you have nothing to hide and it will subject to public scrutiny. He can make it public but it is not a legal obligation. You cannot say that the man has breached any law.All what the law says is that he should do, and once it is submitted to code of conduct, the law assumes that it has been done. But if you want to win public accolade, then you can make it public. It is a choice.
Abubakar Malami, SAN
The only provision that has to do with asset declaration is the constructional provision, Part 1, paragraph 11 of the 1st schedule of the 1999 Constitution. And the provision clearly states that public officers shall at the point going into public office deliver unto the code of conduct their asset declaration and at the termination of their office, make similar declaration. It is clear that what is required is submission to code of conduct. It does not create an obligation for individual to make public, what he has to declare, in fact, the word in the constitution is “shall deliver” to the code of conduct. So, if you look at the legal implication of the word shall, the only obligation created by the constitution is submission to the code of conduct. The idea of going further to make public declaration is contemplated by the drafters of constitution. And where the constitution makes categorical and clear provision, you are not expected to add or subtract. So, if the constitution has not created the obligation of going public, it will amount to going outside the ambit of the constitution for contemplation of a public declaration.
Abdulwahab Olatoye (Legal Practitioner and President, Public Procurement Association)
The Constitution provides that any elected or appointed officer should declare their assets before assuming office. The law requires such officer to declare assets before the commencement before taken oath of office and at the end of the tenure. The process is that such officer will approach the Code of Conduct Bureau, obtain a form, where all his assets will be stated. Such form will be taken to the court to swear to an affidavit as to the effect that all the information therein is correct. Such form will be submitted to the code of conduct. There is a Freedom of Information law; any one that wants to access it can approach the code of conduct. It is not that you will publish it on newspaper.
Olusoji Toki
The constitution did not provide that assets should be declared publicly or secretly. It is just out of moral concern that some people make it public. Once your assets have been declared before the code of conduct bureau, technically it has become a public document; any Nigerian can access it with the Freedom of information bill. The constitution does not say that asset declaration should be made public.
Sir Amaechi Nwaiwu, SAN
The important thing as provided by the law is to pick a form from the code of conduct bureau, fill it and return it. If you want to make the declaration public is a matter of choice, like Yar’Adua made his own public. Some others will just declare it, by that you have comply with the law. There is no crime that you did not declare it public. Declaring public or secretly is of no issue. It is a matter of choice.
Interesting!! Funny though!! The legal minds have spoken and are still speaking. And now is the turn of ‘we’ the discerning minds to speak (out and up) on this matter. Seriously and Candidly so!! So we also shall contribute to the foregoing subject of asset declaration by President Muhammad Buhari and his vice, PASTOR Osinbajo.
Public Declaration of Assets by the President, his vice and any and/or every public official, whether elected or appointed under the current dispensation of the much touted and indeed expected CHANGE should not have become a debatable issue talk less of controversial subject but for the unfortunate twist the somewhat posturing of President Buhari and his vice, PASTOR-PROFESSOR Osinbajo have presumably taken, nay, supposedly taking with respect to the ‘public’ declaration of their assets.
Suffice to note that the duo largely won the last general election on their much touted INTEGRITY QUOTENT which was roundly elusive in the past administration of Dr. Goodluck Jonathan. Ordinary Nigerians who knew practically nothing about Constitutional provisions wholesomely and wholeheartedly voted for the duo primarily because of moral necessity and normal exigencies of the time and in the land and not necessarily because of Constitutional what have you or Legal Technicalities surrounding the person and office of the president and the presidency.
As much as the President and his vice have fulfilled the conditions set out by the Constitution of the Federal Republic, which is the legal code and premise for asset declaration. it behooves them to fulfill the moral code and social obligation thereof to publicly declare their assets.
My last assertion on moral code is in view of the fact that, beyond the oaths of office, they also sworn by the Holy and Noble Books (Bible and Qu’ran) to be truthful in their dealings with Nigerians. Though Code of Conduct Bureau and Freedom of Information are there in the Constitution and may be explored by the public on this matter, such are not in the Holy and Noble Books they sworn with and as such they owe it a duty to also do the bidding of the Holy and Noble Writs that demand and command leaders to be ‘lay bare’ every hidden things before G-d and man.
Though it has been evinced that the President and his vice MAY make their assets known to the public on or before their 100days in office, let it be noted that such claim is neither here nor there as nothing categorical had been publicly or officially said about this either by the President or his vice nor any of their handlers, particularly their newly appointed spokesmen and the(ir) party, APC.
There’s always a path of nobility and honor to take in situations like these. Morality should and must supercede legality. There’s always moral face to every legal issue. Hope the personalities involved will not at this time hide under the veil of constitutional provision to provoke the anger of the people against them.
Public opinions on issues like this can readily dent the image and whatever efforts of government. It is too early for Pres. Buhari and his vice PASTOR Osinbajo to get themselves caught in the Web of smeared public opinion. Perception is everything as they say in political parlance. The body language of this administration should show better sign of transparency, probity and frugality. Nigerians will not settle for less because these are what over 12millions Public masses massively voted for on March 28 this year.
I hope and particularly so that the Vice President, PASTOR-Professor Osinbajo will be alive and astute to both the spiritual and intellectual responsibilities that come with the social and public duties he now finds himself handling. Take a cue from Joseph the Great grandson of Abraham the patriarch, who served Pharaoh in Egypt and also from Daniel of the Bible that served the Kings of Babylon and Persia.
I use the title and word PASTOR-PROFESSOR advisedly to describe the vice president, Osinbajo and this should be instructive for both the legal and discerning minds.
I look forward to the day when our PASTORS in our various churches will publicly ‘make known’ their sources of wealth and ‘make manifest’ the amount of their asset first to their congregation and by extension, the public. And I hope PASTOR-PROFESSOR Osinbajo can by his actions in public service leads the way and unwittingly champion this course.
I am wont to remember a comment reportedly credited to Pastor E.A Adeboye of RCCG that all politicians are liars and/or could/should not be trusted. Hope our President, Muhammad Buhari and particularly his vice, PASTOR-PROFESSOR Osinbajo will prove the highly revered Oracle of God in RCCG wrong on his assertion that even men of G-d when decked in political garments readily lose the mark of truthfulness and forthrightness.
The mark of a Pastor (and also a Mallam) should be to keep to his words. President Buhari and by extension his vice, PASTOR-PROFESSOR Osinbajo promised to PUBLICLY declare their assets during the electioneering campaign. It is only normal and obligatory for them to do so PUBLICLY in the way and manner an ordinary PUBLIC masses that massively voted for them can see.
Save us the wahala of all this constitutional juggernaut and legal technicalities. Make governance and leadership straightforward and simple by your actions and utterances.
It is too early for you, President Buhari and the Vice President PASTOR-PROFESSOR Osinbajo to create a pedestal of mistrust among the governed. Act swiftly and prudently. Flow with the pace of the public opinion on this issue and every other issues. Delay can be dangerous.
And if you both care to know, as we the public shall be dare to tell you, there’s a perception downtown that you guys are foot dragging if not confused on the issue of governance. Your inability to name the Chief of Staff, Secretary to the Government of the Federation and others for over a week after your swearing give concern and send strange, if not bad omen to the public that massively voted for you.
To our dear Vice President, PASTOR Osinbajo, you should know too well the verdict of your G-d on those that exit ‘lukewarm’ in the service of G-d and to humanity. May you and your principal(s) and party be not ‘sup out’ of office, relevance and goodwill in the immediate, the future and forever.
To President Muhammad Buhari, I hope this Public Asset Declaration thing is not another Taqquyah?! And to the Vice President, PASTOR-PROFESSOR, hope same is not the guile of the Serpent/Satan to deceive so as to have your way into Aso Rock?! Both of you are well schooled in the things of the Scriptures and the Spiritual to know what am implying.
Trust and credibility are at stake here. A damage done by whatever of your (in)actions within the next 100days in office may not be repaired in the next 4years.