The Federal High Court in Abuja has ordered President Bola Tinubu to instruct the Attorney General and Minister of Justice to publish the names of people named in a forensic audit of the Niger Delta Development Commission (NDDC) and to make the full audit report public. The report concerns an alleged loss of more than ₦6 trillion tied to 13,777 unfinished projects and NDDC operations from 2000 to 2019.
Justice Gladys Olotu handed down the ruling on November 10 after a Freedom of Information lawsuit brought by the Socio‑Economic Rights and Accountability Project (SERAP). A certified copy of the judgment was obtained last Friday.
The judge noted the forensic audit was submitted to the Federal Government on September 2, 2021, but has not been available to the public. She held that both the audit and the names of those indicted are “public records” under Section 31 of the Freedom of Information Act and are not covered by the Act’s limited exemptions in Sections 11–19.
Justice Olotu also found that refusing to publish the report or act on its findings, despite SERAP’s formal requests, amounts to a breach of duties under the Freedom of Information Act, Section 15(5) of the Nigerian Constitution (as amended), and Nigeria’s international obligations on transparency.
The judgment cites Section 2(3) of the Freedom of Information Act, which requires public institutions to publish certain categories of information, including financial details. The judge explained that for a mandamus order to issue, the applicant must show (a) a clear legal right to the information, (b) a duty on the public officer to provide it, (c) a demand for the duty to be performed, and (d) a refusal or neglect to perform.
SERAP brought the case (FHC/ABJ/CS/1360/2021) in 2021 after repeated calls for accountability over NDDC spending. Kolawole Oluwadare, SERAP’s deputy director, described the ruling as a win for transparency and public accountability in the use of government funds.
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