The Federal High Court sitting in Abuja has ordered President Bola Tinubu to direct the Attorney General of the Federation and Minister of Justice to widely publish the names of all persons indicted in the alleged misappropriation of over N6 trillion earmarked for the implementation of 13,777 abandoned projects and for the running of the Niger Delta Development Commission (NDDC) between 2000 and 2019.
The court further directed the President to publish and make available to the public the full NDDC Forensic Audit Report, which was submitted to the Federal Government on September 2, 2021.
The landmark judgment, delivered on Monday, November 10, by Hon. Justice Gladys Olotu, followed a Freedom of Information (FOI) suit (FHC/ABJ/CS/1360/2021) filed by the Socio-Economic Rights and Accountability Project (SERAP). The certified true copy of the judgment was obtained last Friday.
Justice Olotu ruled that the NDDC forensic audit report and the names of persons indicted fall squarely within the definition of public records under Section 31 of the FOI Act. She held that the information is not exempted under Sections 11–19 of the Act, as it relates to the use and management of public funds.
According to her, the refusal of the President and the Attorney General to publish the report, despite SERAP’s formal request, constitutes a breach of their statutory duties under the FOI Act, Section 15(5) of the 1999 Constitution (as amended), and Nigeria’s international obligations regarding transparency and accountability.
Justice Olotu added:
> “Section 2(3) of the Freedom of Information Act mandates all public institutions to cause to be published certain categories of information, including details of finances and expenditures.
> Applying these principles, the FOI Act imposes on the President a clear, non-discretionary duty to make the NDDC forensic audit report available to the public and publish the names of those indicted.”
She further explained that for an order of mandamus to be issued, SERAP successfully established (a) a clear legal right to the performance of a duty, (b) a corresponding duty on the President and Attorney General, (c) a demand for performance, and (d) a refusal or neglect to act.
SERAP Welcomes Judgment
SERAP Deputy Director, Kolawole Oluwadare, described the judgment as “a victory for transparency and accountability in the spending of public funds.”
He said the ruling underscores the need for the Tinubu administration to provide decisive leadership in addressing the missing