Ahead of the 2023 general elections, the Federal High Court sitting in Abuja has okayed the hearing of a suit seeking to compel the Chairman of the Independent National Electoral Commission, INEC, Professor Mahmud Yakubu, to declare his assets.
The suit marked FHC/ABJ/CS/33/2021, was brought before the court by a citizen, Hon. Emmanuel Agonsi.
Whereas the Code of Conduct Bureau, CCB, was cited as the 1st respondent, the INEC boss was listed as the 2nd respondent.
Specifically, the plaintiff, through his lawyer, Solomon Okon Akpe, is praying the court for an order of mandamus, “directing and compelling the 1st respondent (CCB), either by its staff, officers, privies, servants or otherwise howsoever described to issue, comply with and/or make available to the Applicant or his privies or Counsel, information and details of the Assets Declarations Forms of the 2nd Respondent and his unmarried adult children kept by the 1st Respondent as requested in the Applicant’s letter of 17th December 2020; as well as accept payment of the appropriate fees from the Applicant forthwith”.
An order of mandamus directing and compelling the 1st Respondent (CCB) either by its staff, officers, privies, servants or otherwise howsoever described, to issue, comply with and/or make available to the Applicant or his privies or Counsel, information and details of the Assets Declarations Forms of the 2nd Respondent (Prof. Yakubu) and his unmarried adult children kept by the 1st Respondent as requested in the Applicant’s letter of 17th December, 2020; as well as accept payment of the appropriate fees from the Applicant forthwith.
“A declaration that the 1st Respondent has a statutory and public duty to furnish the Applicant information and details concerning the 2nd Respondent as contained in the Applicant’s letter of request dated 17th December 2020.
as well as, “a declaration that the refusal or failure of the 1 st Respondent to respond to or comply with the Applicant’s request as contained in his Letter dated 17th December 2020 constitutes a refusal/failure of the 1 st Respondent’s statutory and/or public duty to the Applicant and is therefore unlawful, illegal, abuse of powers, abuse of discretion and ultra vires”.
In the alternative, the plaintiff, applied for a court order, “directing the 1st Respondent, either by itself, officer, staff or nominee to forthwith produce for the examination of this Honourable Court, certified copies of the Assets Declaration Forms of the 2nd Respondent (Prof Yakubu) and his unmarried adult children submitted to the 1st Respondent for the period of 2007- 2012 and 2015-2020 and any other ones declared thereafter”.
Meanwhile, the Chief judge of the court, Justice John Tsoho has ordered the service of all the relevant court processes and hearing notices on both the CCB and the INEC boss.