The Federal High Court in Abuja has issued an order demanding the disclosure of the expenditure details of approximately $5 billion in recovered funds from the Abacha regime.
The court’s decision includes the governments of former Nigerian Presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan, and Muhammadu Buhari.
The order arose from a Freedom of Information suit filed by the Socio-Economic Rights and Accountability Project (SERAP).
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Despite objections from the Federal Government (FG), the court dismissed their claims, affirming that SERAP has the right to access the spending details of the Abacha funds without having to demonstrate a specific interest in the information sought.
The suit named the Minister of Finance and the Attorney General of the Federation and Minister of Justice as defendants. In delivering the judgment, Justice Omotosho issued several orders of mandamus against the federal government, compelling it to disclose specific information to SERAP. This information includes the exact amount of money stolen by General Sani Abacha from Nigeria, the total amount of Abacha loot recovered since the return of democracy in 1999, and all agreements related to the recovered funds.
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Additionally, the court ordered the government to reveal details of projects executed using the recovered funds, including their locations and the names of the companies and contractors involved. The court also demanded the disclosure of the roles played by the World Bank and other partners in the execution of any projects funded with Abacha loot since 1999.
Furthermore, the judgment required any allegations of corruption related to the execution of projects funded by the Abacha money to be referred to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for investigation.
The court emphasized the importance of bringing anyone involved in corruption to justice if there is relevant and sufficient admissible evidence.
Justice Omotosho, in his judgment on July 3, declared that SERAP’s application was meritorious and ordered the Ministry of Finance to provide SERAP with the full spending details of the Abacha loot within seven days of the judgment. The judge rejected the Ministry’s excuse that it did not hold the requested information, citing Section 7 of the Freedom of Information Act.
According to Justice Omotosho, the Ministry’s failure to inform SERAP of the information’s whereabouts or transfer the request to the appropriate public office in possession of the information was detrimental to the government’s case under Section 5 of the Freedom of Information Act. The judge noted that the government had not provided details of the projects executed with the money, their locations, or the names of the companies and contractors involved.
The Federal Government had filed a Counter Affidavit arguing that SERAP’s suit was frivolous and that SERAP had not demonstrated that the government denied them the requested information. The government also contended that SERAP had not established sufficient interest in its application, urging the court to dismiss the suit.
Justice Omotosho emphasized the citizens’ right to question transparency and accountability in governance, describing it as an inalienable right in a democratic dispensation. He cited Section 1(2) of the Freedom of Information Act, which grants individuals the right to access information from any public institution in Nigeria. Since SERAP is a registered organization in Nigeria, it is considered a juristic person and does not need to demonstrate a specific interest in the spending details of the Abacha loot to be entitled to the information.
The judge further highlighted that Section 4 of the Freedom of Information Act mandates public institutions and officers such as the Minister of Finance and the Attorney General of the Federation and Minister of Justice to make requested information available within seven days.
In a letter sent to President Tinubu on July 8, 2023, SERAP called on the government to promptly comply with the court’s judgment, demonstrating its commitment to the rule of law and sending a message that there will be no impunity for grand corruption. SERAP believes that implementing the judgment will restore trust and confidence in the independence of Nigeria’s judiciary and urges the government to take decisive steps towards transparency and accountability in governance.
