In a groundbreaking ruling, the Federal High Court in Abuja has mandated the disclosure of spending information regarding the approximately $5 billion Abacha loot by the governments of former Nigerian presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan, and Muhammadu Buhari.
The court has instructed President Bola Tinubu’s government to reveal the precise amount of money stolen by General Sani Abacha from Nigeria, the total sum of Abacha loot recovered, and all agreements signed in relation to this matter by the administrations of the aforementioned former presidents.
Justice James Kolawole Omotosho delivered the judgment last week in response to a Freedom of Information lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) with the case number FHC/ABJ/CS/407/2020.
Justice Omotosho held that SERAP’s application was meritorious and ordered the Ministry of Finance to provide SERAP with complete spending details regarding the $5 billion Abacha loot within seven days of the judgment.
Furthermore, the court directed the government to disclose information on the projects executed using the Abacha loot, including their locations, as well as the names of companies and contractors involved in these projects from the restoration of democracy in 1999 until the present.
Justice Omotosho also instructed the government to disclose specific 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.
The judge dismissed all objections raised by the Federal Government and upheld the arguments presented by SERAP. As a result, the court ruled in favor of SERAP against the Federal Government.
In his judgment, Justice Omotosho stated, “The Ministry cannot use a blanket statement that it does not possess records of the approximately $5 billion Abacha loot sought by SERAP. The government failed to provide details of the projects executed with the money, the project locations, and the names of the companies and contractors involved.”
He further emphasized that the Minister of Finance’s excuse, claiming the ministry does not possess the information, is not valid under Section 7 of the Freedom of Information Act.
The judgment, dated July 3, 2023, continued, “The failure of the Minister of Finance to write to SERAP informing them of where the requested information exists or to transfer the request to a public office that has custody of such information is detrimental to their case under Section 5 of the Freedom of Information Act.”
SERAP has written a letter to President Tinubu, dated July 8, 2023, informing him of the judgment and urging his government to promptly comply with it.
The organization emphasized the importance of upholding the rule of law, transparency, and accountability in governance processes and the management of public resources, including the Abacha loot.
By implementing the court’s ruling, President Tinubu’s government would demonstrate a departure from the previous administration’s defiance of the judiciary and send a strong message against impunity for grand corruption.
The inclusion of the Minister of Finance, the Attorney General of the Federation, and the Minister of Justice as defendants in the lawsuit highlights their responsibility in fulfilling the court’s directive.
