Asset declaration systems are a critical strategy in mainstreaming anticorruption and high levels of integrity into public service. Asset declaration systems assist in detecting and preventing theft, as well as in securing the return of stolen assets. While proponents of public access to asset declarations argue that it increases the transparency and accountability of the process, proponents of confidentiality of asset declarations argue that every citizen has a right to privacy of his/her life. Even in highly developed nations where the instrument of asset declaration has been acknowledged as an effective tool to reduce corruption and conflict of interest, there is a tough debate on where the balance should lie between granting public access to asset declaration information and the right of a public official or politically exposed person to his/her privacy. Asset declaration frameworks usually face the challenge of striking a rational balance between promoting public scrutiny of submitted asset declaration forms and protecting the privacy of the persons who have declared their assets. While making the submitted asset declarations public goes a long way to promote anticorruption, it also raises concerns on invasion of privacy and security of the concerned individuals.
Many countries have enacted asset declaration laws that mandate that the assets of close family members of public officials and politically exposed persons be declared. The objective is to prevent the circumvention of asset declaration laws by making it impossible for public officials and politically exposed persons to transfer their assets to their close family members.
However, advocates of the right to privacy are challenging these requirements and many countries of the world including Nigeria are still battling with whether and how to make asset declarations accessible to the public. Some schools of thought believe that the effectiveness of the asset declaration system is dependent on the ability of the public to access submitted asset declaration forms. Making declared information accessible to the public allows the public to be in the know and make informed decisions during elections and at other times. Public access to assets declarations allows civil society organizations and the media to independently verify the declarations and increase the credibility of the system. If the declared information is accessible to the public, asset declaration agencies that are starved of resources and manpower may depend on civil society organizations and the media to conduct checks on public officials and politically exposed persons who live beyond their means. The consciousness on the part of a public official that his/her asset declarations are in the public domain can thus serve as a deterrent to corruption. However, public access to asset declarations should not take the place of painstaking verification and monitoring by the asset declaration agency. If the asset declaration agency does not do a thorough verification and monitoring of the contents of the declarations, there is a huge possibility that public access will only expose the deficiencies of the system and diminish the confidence that the public has on the asset declaration system. Hence, public access must be accompanied by due diligence on the part of the asset declaration agency in order to ensure that credibility is established on multiple fronts simultaneously.
Despite the civic advocacy in support of public access to asset declarations, its practical application is limited. Nigeria and most other countries of the world still do not practice full public access to asset declarations. In a bid to resolve the argument on confidentiality vs public access, some schools of thought have proposed that a categorization be made between different classes of declared information. Hence, only specific classes of information will be made public while other classes of information will be kept confidential. This will ensure that while potentially sensitive personal information is kept away from the public, the public still has a clear picture of the financial status and interests of public officials. When designing an asset declaration system, the first key question is to decide on whether the purpose is to confront illicit enrichment or conflict of interest or a hybrid of both. Asset declaration agencies must be run professionally, have the requisite independence to execute their mandates, and be subject to oversight in order to prevent abuse. There is no global silver bullet on asset declaration that can be applied to all countries of the world, hence the Nigerian government and all other governments of the world must embrace trade-offs that takes cognizance of institutional and cultural contexts. In order to achieve optimal performance of the asset declaration system, the Nigerian government will need to find and adopt our best hybrid of public access and confidentiality of the asset declaration system.
Eke (08035066196) is a Programme Manager at the Centre for Social Justice
