November 23, (THEWILL) — A Federal High Court in Abuja has ordered President Bola Tinubu to direct the Attorney-General of the Federation and Minister of Justice to publish the names of all individuals indicted in the alleged mismanagement of over N6 trillion allocated to 13,777 abandoned projects and the operations of the Niger Delta Development Commission (NDDC) between 2000 and 2019.
The court also compelled the President to “publish and make available to the public the NDDC forensic audit report submitted to the Federal Government on September 2, 2021.”
Justice Gladys Olotu delivered the judgment on Monday, November 10, in suit FHC/ABJ/CS/1360/2021 filed by the Socio-Economic Rights and Accountability Project (SERAP).
According to SERAP, which released the certified true copy of the judgment on Sunday, Justice Olotu ruled that the forensic audit report and the list of indicted persons fall squarely within the definition of public records under Section 31 of the Freedom of Information Act (FOIA).
She held that neither the audit report nor the names of indicted individuals are protected under Sections 11–19 of the FOIA, noting that the information relates to the management of public resources.
Justice Olotu further stated that the refusal of the President and the Attorney-General to release the information despite a formal request by SERAP amounts to a violation of statutory duties under the FOIA, Section 15(5) of the 1999 Constitution (as amended), and Nigeria’s international obligations on transparency and accountability.
Quoting from the judgment, SERAP noted:
“Section 2(3) of the Freedom of Information Act mandates all public institutions to publish details of finances and expenditures.
The 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.”
The court added that SERAP had met all legal requirements for an order of mandamus: evidence of a clear legal right, a corresponding duty on the government, a formal demand, and refusal to comply.
Reacting to the ruling, SERAP Deputy Director, Kolawole Oluwadare, described the judgment as a major victory for accountability in the management of public funds, urging President Tinubu to immediately comply.
“This judgment reinforces the urgent need to ensure transparency regarding the missing N6 trillion meant for abandoned projects in the Niger Delta. We urge the President to obey the court order without delay,” he said.
Human rights lawyer Femi Falana (SAN) also hailed the ruling, saying it affirms the public’s right to know how national resources were managed.
“This is a landmark judgment that validates the demand for transparency over the N6 trillion oil money documented in the NDDC audit. The Tinubu administration must now publish the report and the names of those indicted,” Falana said.
In a letter dated November 22 and addressed to President Tinubu, SERAP urged the government to demonstrate its commitment to the rule of law by implementing the court order immediately.
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