The court has directed the government of President Bola Tinubu to “reveal the precise amount of money embezzled by General Sani Abacha from Nigeria, as well as the total sum of Abacha loot recovered and all agreements entered into by the administrations of former presidents Obasanjo, Yar’Adua, Jonathan, and Buhari.”
This judgment was delivered by Justice James Kolawole Omotosho in response to a Freedom of Information lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP).
Justice Omotosho stated that “ultimately, SERAP’s application is well-founded, and the Ministry of Finance, representing the Federal Government, is hereby ordered to furnish SERAP with comprehensive expenditure details regarding the $5 billion Abacha loot within seven days of this judgment.”
The court also instructed the government to disclose “specifics about the projects carried out using the Abacha loot, including the locations of such projects, as well as the names of companies and contractors involved in executing the projects since the restoration of democracy in 1999.”
Furthermore, Justice Omotosho mandated the government to “reveal the precise roles played by the World Bank and other partners in the implementation of any projects funded by the Abacha loot during the administrations of former presidents Obasanjo, Yar’Adua, Jonathan, and Buhari.”
Justice Omotosho dismissed all objections raised by the Federal Government and upheld SERAP’s arguments, resulting in a judgment in favor of SERAP against the Federal Government.
Justice Omotosho’s judgment, dated July 3, 2023, states, in part: “The Ministry’s excuse that it has searched its records and does not hold details about the exact public funds stolen by Abacha and how they were spent is untenable under Section 7 of the Freedom of Information Act.”
“The Ministry cannot simply claim that it does not possess the records related to the approximately $5 billion Abacha loot requested by SERAP. The government failed to provide information regarding the projects funded by the money, including their locations and the identities of the companies and contractors involved.”
“I conclude that, according to the clear wording of Section 7 of the Freedom of Information Act, 2011, the Federal Government denied SERAP access to information about the expenditure details of the $5 billion Abacha loot.”
“The Federal Government submitted a 14-paragraph Counter Affidavit, sworn by Abah Sunday, Litigation Officer in the office of the Attorney General of the Federation, arguing that SERAP’s lawsuit is frivolous and that the government did not deny SERAP the requested information.”
“The Federal Government also claimed that SERAP did not demonstrate sufficient interest in its application and urged the court to dismiss the case.”
“Establishing locus standi has been a challenge for public interest litigators in Nigeria, as citizens are proclaimed the owners of sovereignty and mandate those who hold leadership positions.”
“This requirement infringes upon citizens’ inherent right to question transparency and accountability in governance regarding the use of public funds obtained through their taxes.”
“The sacred provision of Section 1(2) of the Freedom of Information Act has admirably remedied this detrimental requirement.”
“Clearly, Section 1 grants individuals the right to access information from any public institution in Nigeria. SERAP, as a registered organization in Nigeria and a legal entity, does not need to demonstrate specific interest in obtaining expenditure details of the approximately $5 billion Abacha loot.”
“I therefore affirm that SERAP is entitled to the information about the expenditure details of the $5 billion Abacha loot and is not required to demonstrate any special interest in the requested information.”
“Section 4 of the Freedom of Information Act clearly mandates that public institutions or public officials, such as the Minister of Finance and the Attorney General of the Federation and Minister of Justice, must provide the requested information within seven days of the request.”
SERAP, in a letter dated July 8, 2023, addressed to President Tinubu regarding the judgment and signed by SERAP’s deputy director, Kolawole Oluwadare, urged the President to “demonstrate your commitment to the rule of law by promptly complying with and respecting the court’s judgment.”
The letter stated, in part: “We urge you to direct the Ministry of Finance and the office of the Attorney General of the Federation to compile and release the expenditure details of the recovered Abacha loot, as ordered by the court.”
“By immediately enforcing and implementing the judgment, your government will promote the rule of law, transparency, and accountability in governance and the management of public resources, including the $5 billion Abacha loot.”
“Complying with the judgment will demonstrate to Nigerians that your government is distinct from the Buhari administration, which consistently and brazenly defied the country’s judiciary, and it will send a powerful message to politicians and others that grand corruption will not be tolerated.”
“Immediate implementation of the judgment will restore trust and confidence in the independence of Nigeria’s judiciary. SERAP urges you to break away from the past and take decisive steps to show your commitment to the rule of law, transparency, and accountability in governance.”
“SERAP believes that you will recognize compliance with this judgment as a fundamental aspect of the rule of law and a vital step toward establishing a solid institutional framework for legality and constitutionality. We look forward to your positive response and action on the judgment.”
The lawsuit included the Minister of Finance and the Attorney General of the Federation and Minister of Justice as defendants.
Justice Omotosho granted the following mandamus orders against the Nigerian government:
- The Federal Government, through the Ministry of Finance and the office of the Attorney General of the Federation and Minister of Justice, is directed and compelled to provide and disclose the following information to SERAP: a. The exact amount of money stolen by General Sani Abacha from Nigeria, and the total amount of Abacha loot recovered, along with all agreements signed since the restoration of democracy in 1999. b. Details of the projects executed using the recovered funds, including the locations of such projects and the names of companies and contractors involved in their implementation. c. Specifics about the roles played by the World Bank and other partners in executing any projects funded by the Abacha loot since 1999.
- The Federal Government is directed and compelled to: a. Refer any corruption allegations related to the execution of projects funded by the Abacha loot to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for investigation. b. Ensure that anyone implicated in corruption related to projects funded by the Abacha loot is brought to justice if there is sufficient admissible evidence.
