The Federal High Court sitting in Abuja, in a landmark judgment, has ordered President Bola Tinubu to direct the office of the Attorney General of the Federation and Minister of Justice to widely publish the names of those indicted in the alleged misappropriation of over N6 trillion meant to implement the abandoned 13,777 projects and in the running of the Niger Delta Development Commission (NDDC) between 2000 and 2019.
The court also ordered the president “to publish and make available to the public the NDDC forensic audit report submitted to the federal government on September 2, 2021.”
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The judgment was delivered on Monday, 10 November, by Justice Gladys Olotu following a Freedom of Information suit number: FHC/ABJ/CS/1360/2021, brought by the Socio-Economic Rights and Accountability Project (SERAP). The certified true copy of the judgment was obtained last Friday.
In her judgment, Justice Olotu held that, “The forensic audit report of the Niger Delta Development Commission (NDDC), as well as the names of persons indicted therein, clearly fall within the definition of ‘public records’ as contained in Section 31 of the Freedom of Information Act.”
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Justice Olotu also held that, “NDDC forensic audit report and the names of persons indicted therein are not exempted under Sections 11-19, as the information relates to the use and management of public funds.”
Justice Olotu also stated that, “The refusal of the president and the Attorney General to publish the audit report or act on the allegations therein, despite formal demand by SERAP constitutes a breach of their statutory duties under the Freedom of Information Act, Section 15(5) of the Nigerian Constitution 1999 (as amended), and Nigeria’s international obligations to promote transparency and accountability.”
Justice Olotu’s judgment, read in part: “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 Freedom of Information 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 in the report.”
“It is trite law that for an order of mandamus to issue, SERAP must establish (a) a clear legal right to the performance of a duty, (b) a corresponding duty on the president and the Attorney General to perform that duty, (c) a demand for the performance of the duty, and (d) a refusal or neglect to perform same.”
“Every person has the right to access information in the custody of any public official or institution, and such institution is under a statutory duty to grant access, except where the information falls within the limited exemptions set out under Sections 11-19 of the Act.”
SERAP deputy director Kolawole Oluwadare said: “This ground-breaking judgment is a victory for transparency and accountability in the spending of public funds.”
“Justice Olotu’s judgment shows the urgent need for the Tinubu government to provide the leadership to ensure transparency and accountability for the missing N6 trillion meant to implement the abandoned projects in the Niger Delta.”
“We commend Justice Olotu for her courage and wisdom, and urge President Bola Tinubu to immediately obey the court orders.”
Femi Falana said on the judgment: “SERAP deserves the commendation of all well-meaning people that have agonised over reports of systemic corruption in Nigeria.”
“This is one of the most patriotic public interest litigation ever undertaken in Nigeria. I welcome this landmark judgment, which has upheld the public’s right to know exactly what happened to the N6 trillion oil money documented in the NDDC forensic audit report.”
“The Tinubu administration must now demonstrate real commitment to transparency and accountability by immediately publishing the NDDC forensic audit report and the names of those indicted, as ordered by the court. Those suspected to be responsible should be brought to justice and the proceeds of corruption fully recovered.”
“Delayed enforcement of Justice Olotu’s judgment would undermine both the fight against corruption and the rule of law in the country. The time for secrecy over the names of those indicted in the report and the report itself is over.”
In the letter dated 22 November, sent to President Bola Tinubu on the judgment, and signed by SERAP deputy director, Kolawole Oluwadare, the organisation said, “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.”
SERAP’s letter, read in part: “We urge you to direct the office of the Attorney General of the Federation to immediately publish the names of those indicted in the alleged misappropriation of over N6 trillion meant to implement 13,777 projects and in the running of the NDDC between 2000 and 2019.”
“SERAP urges you to make a clean break with the past and take clear and decisive steps that demonstrate your commitment to the rule of law, transparency and accountability in the governance processes.”
“SERAP trusts that you will see compliance with this judgment as a central aspect of the rule of law; an essential stepping stone to constructing a basic institutional framework for legality and constitutionality. We therefore look forward to your positive response and action on the judgment.”
SERAP filed the suit number FHC/ABJ/CS/1360/2021 in November 2021, seeking the disclosure of the names of those indicted in the alleged misappropriation of over N6 trillion in the running of the NDDC between 2000 and 2019 and the publication of the NDDC audit report.
The suit, read in part: “The missing N6 trillion and over 13,000 abandoned projects in the Niger Delta have continued to have a negative impact on the human rights of Nigerians, undermining their access to basic public goods and services, such as education, healthcare, and regular and uninterrupted electricity supply.”
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Justice Olotu granted the following orders of mandamus against the federal government:
1. AN ORDER OF MANDAMUS is hereby made directing and compelling the 1st Respondent to direct the Attorney General of the Federation and Minister of Justice to widely publish the names of those indicted in the alleged misappropriation of over N6, Trillion Naira in the running of the Niger Delta Development Commission (NDDC) between 2000 and 2019, as documented in the submitted Forensic Audit Report.
2. AN ORDER OF MANDAMUS is hereby made directing and compelling the 1st Respondent to publish and make available to the public the Forensic Audit Report on the Niger Delta Development Commission (NDDC) submitted to him on September 2, 2021.
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