Forced to sing President Muhammadu Buhari’s anti-corruption tune, a host of Ministries, Departments and Agencies have been directing their officers to declare their assets. Top among these organisations are the Nigerian Army and the Nigeria Customs Service. The Minister of the Federal Capital Territory, Muhammad Bello, has equally directed all public officers there to file their declarations. Other MDAs may soon toe this line. The declaration of assets is very important, particularly in a polity like Nigeria where public officers and politicians routinely amass wealth by looting the public till. Indeed, the initiative is noble, and nobody can quarrel with it.
It is the standard practice in many parts of the world, even in some African countries, in their drive to enthrone probity in public life. The primary purpose of asset declaration is to combat graft. Therefore, when it is entrenched in a polity, it can lead to the exposure of corrupt enrichment among public officers. The Nigerian law recognises this dictum. In the Fifth Schedule (Part I), Section 11 (1), the 1999 Constitution makes it compulsory for every public officer, at the beginning and end of his or her tenure, and every four years, to “submit to the Code of Conduct Bureau a written declaration of all his (or her) properties, assets ….”
But for all intents and purposes, the law has not achieved its goal in Nigeria. Instead, it is observed more in the breach. As a result, corruption is running riot. An NGO, Global Financial Integrity, estimated that public officers looted $182 billion from the common till in the nine years to 2009. The unfolding $2.1 billion arms scandal involving the political class, and the N2.57 trillion oil subsidy fraud in 2011 are glaring cases.
There are other weighty concerns. The CCB, which is mandated by law to receive and verify the assets of public officers, is a lame duck. Its claim that it is underfunded and shorthanded is only half of the narrative. The truth is that the CCB has not explored creative ways to verify the declarations in its vaults. The inertia emboldens dishonest public officials to enjoy their illicit proceeds without any fear of repercussion. This is depressing. We must devise ways to stop this crookedness and make the CCB go after public officials who parade ill-gotten assets that they cannot account for in their submissions.
Another inhibition is the inability of the National Assembly to prescribe the “terms and conditions” under which Nigerians can inspect the assets filed by public officials, as stated in the constitution. Although Buhari and his deputy, Yemi Osinbajo, went public with their assets last September in spite of the parliament’s failure to do the needful, many public officers are hiding behind this lacuna to embezzle public funds.
Yet, there are cogent reasons to make an open system of asset declaration a part of our national ethos. The benefits thereof are huge. Apart from restraining officials to live within their means, it allows public resources to be optimally channelled to critical areas of need. As the case of Latvia, which is adjudged to have one of the most comprehensive asset declaration laws in Europe, attests, according to a 2006 World Bank Survey, such systems attract heavy foreign direct investment.
Asset declaration is also imperative because “it enhances the legitimacy of government in the eyes of the citizens,” argues Right2INFO.org, an online NGO that tracks the practice across the globe. Thus, the practice has assumed a life of its own in several parts of the world. In response to the Watergate and other scandals, the United States Congress enacted the Ethics in Government Act 1978, which requires detailed financial disclosure by high-level government employees in all its three branches of government.
The fight against sleaze through asset declaration is also remarkably strong in Japan and South Korea, and we can achieve a lot by taking after them. In Japan, public officials must file reports on gifts in excess of (about) $45, securities transactions and income more than $9,430. In South Korea, officials must declare intangible property worth more than $10,900. In Canada, public officials must make financial disclosure at the public registry. South Africa’s Code of Conduct Assembly requires a public disclosure of financial interests by public officers.
According to the World Bank, 28 European countries require asset declaration by public officials. Unfortunately, Nigeria, a resource-rich country that is manacled by corruption, is being left behind because past leaders since 1999 lacked the political will to implement the CCB law. This is unlike eight countries in Latin America, which are not only forging ahead in their crusade against kleptomaniac officials, but are exploiting new technology to make a difference. Argentina, Brazil, Mexico, Panama, among others, are also at the forefront of using ICT and e-platforms to publish the personal assets of officials. This not only simplifies the process, it makes the declarations submitted by officials available to the public and civil society organisations at the touch of a button.
As it is, Nigeria cannot hide from this reality anymore as we battle to scorch the criminals within. Our CSOs must renew their campaign at the National Assembly, as a resolution to that will make the asset declaration of public office holders easily available to all. Fortunately, the government can use the deterrents in the CCB law to deal with defaulters. The CCB law prescribes the “removal from office, disqualification from holding public office (for a period not exceeding 10 years), and forfeiture to the state any property acquired in abuse of office or dishonesty.” As a starting point, this should be implemented by targeting the highly politically exposed persons for maximum effects.
