By Emmanuel Kwada
The Socio-Economic Rights and Accountability Project (SERAP) has demanded that Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, and President Bola Tinubu immediately enforce a court order to disclose names of officials implicated in the alleged N6 trillion misappropriation at the Niger Delta Development Commission (NDDC).
In a December 13 letter, SERAP accused the AGF and presidency of undermining the rule of law by ignoring the Federal High Court judgment, served on all parties.
The group threatened contempt charges, stating: “The continuing failure to publicly acknowledge and enforce the judgment mocks Nigeria’s legal processes and erodes public trust.”
Delivered on November 10 by Justice Gladys Olotu in suit FHC/ABJ/CS/1360/2021, the ruling followed SERAP’s Freedom of Information request.
It compels Fagbemi and Tinubu to release the 2021 NDDC forensic audit report, deeming it a public record under the Freedom of Information Act, 2011. The court rejected exemptions, emphasizing the report’s role in exposing misuse of funds for the NDDC.
Justice Olotu ruled the duo’s inaction violates the FOI Act, Section 15(5) of the 1999 Constitution, and anti-corruption treaties like the UN Convention Against Corruption. SERAP stressed: “The judgment is final and binding—failure to comply invites personal liability.”
Founded in 2000 to uplift the oil-rich Niger Delta, the NDDC has been dogged by graft allegations. The Buhari-era audit, submitted September 2021, revealed “shocking” diversions of N6 trillion for 13,777 abandoned projects and operations from 2000-2019.
Inflated contracts, phantom initiatives, and illicit spending left roads, hospitals, and schools in disrepair, benefiting elites at the region’s expense.
SERAP Deputy Director Kolawole Oluwadare called the verdict a “landmark” for accountability: “Nigerians deserve to know what became of funds meant for Delta development.” Yet, a month on, no report or names have surfaced, spurring SERAP’s deadline.
Citing Section 287(1) of the Constitution, SERAP decried non-enforcement as a constitutional assault, echoing the Supreme Court’s 1986 warning in Governor of Lagos State v. Ojukwu that defying courts breeds chaos.
No response has come from the AGF’s office or presidency, despite Tinubu’s vows to enhance Niger Delta welfare. SERAP linked compliance to these promises: “Enforcing the judgment fulfills anti-corruption commitments.”
With a seven-day ultimatum, SERAP vows contempt action: “Officials cannot treat the court with contempt—it safeguards judicial integrity.”
Releasing the report tests Tinubu’s graft-fighting mettle amid Nigeria’s woes, ranked 145th on Transparency International’s 2024 Corruption Perceptions Index. Scandals like NDDC fuel despair in Africa’s resource-cursed yet needy heartland.
Civil society echoes demands for transparency in NDDC audits covering nine states’ infrastructure. Concealment protects perpetrators, stalling progress.
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