JUST IN: Court Ordërs Tinubu To Publish Names Linked To ₦6 Trillion NDDC Misappropriation

The Federal High Court in Abuja has issued a consequential order compëlling Pres!dent Bola Tinubu to direct the Attorney General of the Federation and Minister of Justice to publicly disclose the names of individuals indicted in the alleged misappropriation of over ₦6 trillion allocated for 13,777 abandoned projects and the operations of the Niger Delta Development Commission (NDDC) between 2000 and 2019.

Justice Gladys Olotu delivered the landmark judgment on Monday, November 10, following a Freedom of Information suit filed by the Socio-Economic Rights and Accountability Project (SERAP). The certified true copy of the decision was obtained last Friday.

In addition to naming the individuals involved, the court ordered the President to ensure the full publication of the NDDC forensic audit report, which was submitted to the Federal Government on September 2, 2021, but has remained inaccessible to the public.

The judge ruled that making the report public is in the interest of transparency and accountability, especially given the magnitude of funds allegedly diverted during the period under review.

The case, FHC/ABJ/CS/1360/2021, was instituted by SERAP in 2021 after repeated demands for accountability in the management of NDDC projects.

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.”

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.”