Alexander Anene in Abuja
An High Court has issued a landmark judgment compelling President Bola Tinubu to publish a full forensic audit report on the Niger Delta Development Commission (NDDC) and to release the names of all individuals implicated in the alleged misappropriation of over N6 trillion.
The ruling, delivered by Justice Gladys Olotu of the Federal High Court in Abuja, mandates the President to direct the Attorney General of the Federation to make the details public, bringing to a head a long-running legal battle over the massive sum linked to 13,777 abandoned projects.
Justice Olotu delivered the judgment on November 10 in a Freedom of Information (FOI) suit filed by the Socio-Economic Rights and Accountability Project (SERAP), with a certified true copy of the judgment obtained last Friday.
In her decision, Justice Olotu provided a robust legal foundation for her ruling, declaring that both the forensic audit report and the list of those implicated fall squarely within the scope of public records as defined under Section 31 of the FOI Act, and therefore must be made accessible.
“The forensic audit report of the NDDC, as well as the names of persons indicted therein, clearly fall within the definition of public records,” she ruled.
She further held that the information was not protected under Sections 11–19 of the FOI Act because it 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,” Olotu stated.
Citing Section 2(3) of the FOI Act, the judge stressed that public institutions are obligated to publish details of finances and expenditures without prompting.
She concluded that the President has a non-discretionary duty to make the audit findings public.
To justify the court’s issuance of an order of mandamus, she explained that SERAP had established a clear legal right, demonstrated the government’s corresponding statutory obligation, issued a formal request, and suffered a refusal.
The forensic audit, a document of intense public interest, was submitted to the federal government on September 2, 2021. It detailed extensive financial irregularities, systemic mismanagement within the NDDC, and documented the staggering number of abandoned projects across the Niger Delta region. The alleged diversion of N6 trillion has long been blamed for stalled infrastructure and worsening socio-economic conditions in the oil-rich area.
Following the ruling, SERAP welcomed the judgment as an important step toward correcting years of opaque management in the NDDC.
SERAP’s Deputy Director, Kolawole Oluwadare, described the ruling as “a victory for transparency and accountability in the spending of public funds.”
“Justice Olotu’s judgment shows the urgent need for the Tinubu government to provide the leadership to ensure transparency and accountability for the missing N6 trillion,” he said.
In a letter addressed to President Tinubu on November 22, SERAP urged immediate compliance, stating that obedience to the ruling would demonstrate genuine commitment to the rule of law.
“Make a clean break with the past and take decisive steps that demonstrate your commitment to transparency,” SERAP wrote.
“Compliance is a central aspect of the rule of law and essential for building a framework for institutional accountability.”
Prominent human rights lawyer Femi Falana, SAN, also praised the verdict, describing the case as “one of the most patriotic public interest litigations ever undertaken in Nigeria.”
“The Tinubu administration must now demonstrate real commitment to transparency by immediately publishing the NDDC forensic audit report and the names of those indicted,” Falana said.
“Delayed enforcement would undermine both the fight against corruption and the rule of law.”
In her final orders, Justice Olotu issued two binding directives designed to force action from the government.
The first was an order of mandamus compelling the President to direct the Attorney General to publish the names of all individuals indicted in the alleged misappropriation of over N6 trillion between 2000 and 2019.
The second was an order of mandamus compelling the President to publish and make available to the public the full forensic audit report submitted on September 2, 2021.
The judgment has placed pressure on the Tinubu administration to follow through on its stated commitments to governance transparency and the fight against corruption, setting a potential precedent for how the government handles other long-delayed reports on public finance.
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