Bola Tinubu: Prominent Lawyer Clears Air on Disparities About Declaring Assets Publicly

• The constitution of Nigeria does not obligate President Bola Ahmed Tinubu to declare his assets publicly
• A legal practitioner, Festus Ogun, gave an insight into the ongoing debate on whether President Tinubu should make his assets public
• However, paragraph 3(c) of the Third Schedule, Part 1 of the 1999 Constitution can make Tinubu's assets available at an individual's request

There is an ongoing call for President Bola Ahmed Tinubu to fill out the asset declaration form and make his assets publicly known to Nigerians.

Some weeks ago, the main opposition, Peoples Democratic Party (PDP), championed the agitation for the President to declare his assets barely a week after his inauguration.

PDP's national publicity secretary, Debo Ologunagba, in a statement, said;

“They should follow the path of the late President Umaru Yar’Yar’ Adua to demonstrate to Nigerians their readiness for transparent and accountable leadership.

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“There are provisions in our laws covering asset declarations by public officers; it is a statutory requirement.”

Meanwhile, a chieftain of the All Progressives Congress (APC), Festus Keyamo, slammed Ologunagba’s request for President Tinubu and Vice President Kashim Shettima to declare their assets publicly.

Keyamo said:

“Public declaration of assets is not a legal requirement. The public deserves to know this.

“It is just a matter of choice. If anyone thinks it is a moral obligation, he can do it. But that is left to individuals.”

What does the law say about asset declaration?

To get further clarity on the disparities around this debate, Legit.ng reached out to Festus Ogun, a renowned constitutional lawyer who gave an insight into what the constitution said about the public declaration of assets.

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Ogun said:

“Under the 1999 Constitution, all public officers must declare their assets and liabilities when they resume office and at the end of their tenure.

“By virtue of Paragraph 3 (c) of the Third Schedule, Part 1 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, the Code of Conduct Bureau (CCB) shall make assets declarations of public officers available for inspection by any citizen of Nigeria only on terms and conditions prescribed by the National Assembly.”

He noted that the attitude of Nigerian courts in interpreting the provision of law on asset declaration has been that no law is yet to be enacted explicitly by the National Assembly in respect of granting public access to the declared assets.

Ogun further noted that the Implication is that the elected officials, including the CCB, are not obligated by law to disclose the information contained in the Forms, the Freedom of Information Act, 2011 notwithstanding.

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PDP, Labour Party mounts pressure on President Tinubu over delay in asset declaration

Meanwhile, President Bola Tinubu and Vice President Kashim Shettima have been called out for their delay in asset declaration.

The Peoples Democratic Party (PDP) and Labour Party urged that the President declare his assets publicly.

But the spokesperson of the dissolved presidential campaign council of the APC, Festus Keyamo, said the public declaration of assets is based on personal discretion.

Source: Legit.ng