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Justice Gladys Olotu of the Federal High Court, Abuja, has ordered President Bola Tinubu to direct the office of the Attorney General of the Federation and Minister of Justice to 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 judge 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”.
Justice Olotu gave the directives while delivering judgement in a Freedom of Information suit marked: FHC/ABJ/CS/1360/2021, filed by a rights group, the Socio-Economic Rights and Accountability Project (SERAP).
In her judgement, Justice Olotu noted 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.
The judge further held that NDDC’s 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.
“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.
“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.
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“It is trite law that for an order of mandamus to be issued, 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”, the judge further held.
Speaking on the judgement, SERAP’s Deputy Director, Kolawole Oluwadare, said: “This ground-breaking judgement is a victory for transparency and accountability in the spending of public funds.
“Justice Olotu’s judgement showed the urgent need for the Tinubu’s 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”.
SERAP had filed the suit 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.
In it, the group argued that 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.
