A suit seeking to oblige the Code of Conduct Bureau (CCB) to divulge information of the asset declaration forms of Independent National Electoral Commission (INEC), Prof. Mahmud Yakubu, and those of his unmarried children has been dismissed.
Justice John Tsoho, of the Federal High Court in Abuja while in his judgment yesterday held that the applicant, Emmanuel Agonsi, failed to establish that it was in public interest for the CCB to make public the information he sought in the suit where the CCB and INEC chair were 1st and 2nd respondents in the suit marked: FHC/ABJ/CS/33/2021.
In Agonsi’s request letter dated Dec. 17th 2022, he sought an order of mandamus requesting the CCB to release to him details of the asset declaration forms of Yakubu’s unmarried adult children in its custody as well as accept payment of the appropriate fees from him forthwith.
Additionally, the applicant prayed the court for an order of mandamus directing the (CCB) to immediately produce certified copies of the assets declaration forms of both 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, for the examination of the court.
However, the INEC chairman, while objecting, urged the court to dismiss the case for lack of competence.
Justice Tsoho while delivering judgment acknowledged the objection raised by Yakubu on the basis that the applicant failed to provide substantial facts to satisfy the court to grant his prayers.
Justice Tsoho said “The information sought related to personal information and personal privacy which is exempted under Section 14(1) of the Freedom of Information Act” pointing out that the applicant failed to show reasons the respondents ought to disclose the information vide Section 14(2)(a) of the act.
The judge concluded that the applicant did not warrant the reliefs he sought as nothing weighty or reliable in the affidavit of the applicant before the court showed that the disclosure sought is in public interest and that the public interest outweighs the protection of the privacy of the individual for the injury that the disclosure will cause and dismissed the case.
