A Federal High Court in Abuja presided over by Justice Gladys Olotu has compelled President Bola Tinubu to order the Attorney General of the Federation and Minister of Justice to publish the full forensic audit report of the Niger Delta Development Commission (NDDC).
The court also asked him to release the names of all individuals indicted in the alleged misappropriation of over ₦6 trillion meant for 13,777 abandoned projects between 2000 and 2019.
Justice Olotu delivered the judgment on 10 November in a Freedom of Information (FOI) suit filed by the Socio-Economic Rights and Accountability Project (SERAP), marked FHC/ABJ/CS/1360/2021.
A certified true copy of the judgment was obtained last Friday and made available to newsmen.
In her decision, Justice Olotu declared 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.
Following the verdict, 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 ₦6 trillion,” he said.
In a letter addressed to President Tinubu on 22 November, 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.”
The forensic audit, submitted to the federal government on 2 September 2021, documented massive financial irregularities, abandoned projects and systemic mismanagement within the NDDC.
The alleged diversion of ₦6 trillion has long been linked to stalled infrastructure and worsening socio-economic conditions across the Niger Delta.
In her final orders, Justice Olotu issued two binding directives: 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 ₦6 trillion between 2000 and 2019.
An order of mandamus compelling the President to publish and make available to the public the full forensic audit report submitted on 2 September 2021.
