Akeredolu’s Son And The Dilemma Of Asset Declaration, Unconstitutional -By Samuel Olomu

After three weeks of appointment, the son of the Ondo State Governor, Mr. Babajide Akeredolu who was appointed as the new Director General of the newly established Performance and Project Implementation Monitoring Unit of the state government is yet to declare his asset to the code of conduct Bureau.

Asset declaration of public officials are a powerful tool to prevent corruption, detect illicit enrichment and conflict of interests. Public disclosure of private assets of public officials does not clash with the right to privacy and data protection. Prevention of corruption and exposing unexplained wealth of officials are the basis for asset declaration. We must be sure the right powers are entrusted in the right hands, not corrupt leaders and power-hungry demagogues.

The truth is evidenced in our grundnorm, the 1999 Constitution of the Federal Republic of Nigeria as amended which seeks to prevent corruption and abuse of office through its provision of the declaration of assets by all public officers without considering the person’s personality, power, office or placement of such person in the society. As explicitly imprinted in Paragraph 3 (C) of the Third Schedule, part 1 of the 1999 Constitution of the Federal Republic of Nigeria as amended, which empowers the Code of Conduct Bureau (CCB) to make and oversee assets declaration of public officers.

In furtherance, nothing in the provision of Section 140; 142 (2) of the Nigerian Constitution supports non- declaration of assets and I also do not think there will ever be a shield provided by law that will cover the delay in Mr. Babajide’s declaration of assets. I wish the provisions of our constitution should be compelling enough to force the new Director General to declare his assets only if he truly cares about the law.

Moreover, in my view; I think declaring his asset will be of immense help to clear the odds surrounding his appointment and the worries in the hearts of the opposition party, the People’s Democratic Party (PDP) which has condemn in strong terms his non- compliance with the law in failing to declare his assets after three good weeks of his appointment as the Director General of the Performance and Project Implementation Monitory Unit of the Ondo State Government. He should declare his asset now and if he fails to do so, I suggest a compelling legal action should be filed against him and he should also be made to face the implication of his act as embodied under Paragraph 11 of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria (1999) as amended which states that:

“Failure to declare your asset as required under the provision of Paragraph 11 of the Fifth Schedule of the 1999 Constitution of the Federal Republic of Nigeria shall attract on conviction any or all of the following;

(a) Removal from office

(b) Disqualification from holding any political office

(c) Forfeiture to the state any property acquired in abuse of office or dishonesty.”

I suggest the young man finds sense in the provision of Paragraph 11 of the fifth schedule of the constitution that provides for the implication of not declaring one’s assets if not the law itself.

It is binding on all civil or public servants to declare their assets. Article 8 (5) of the United Nations Convention against Corruption provides that “each state party shall endeavor, where appropriate and in accordance with the principles of its domestic law, to establish measures and systems requiring public officials to make declarations to appropriate authorities regarding, inter alia, their outside activities, employments, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials.”

Similar provision is the Article 7 of the Africa Union Convention against Corruption that “require all or designated public officials to declare their assets at the time of assumption of office, during and after their term of office in the public service.”

The 1999 Constitution of the Federal Republic of Nigeria also mandates public officers to “submit to the Code of Conduct Bureau a written declaration of all his properties, assets and liabilities and those of his unmarried children under the age of 18 years” as contained under section 15 (1) of the Code of Conduct Bureau and Tribunal Act.

However, after careful search and systematic investigations into these provisions. I strongly believe that nothing stops the new Director General, Mr. Babajide Akeredolu from declaring his assets. He should do that with utmost alacrity since no law validly made has ever given and provided for any alternative.

Conclusively, trust is what is expected of anyone serving the mandate of the people and if such trust cannot be attained by the people then no transparency and accountability of governance. If a political leader cannot come clean to declare his assets then such a leader is not worth the trust of the people.