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A consequential order issued by the Federal High Court in Abuja requires President Bola Tinubu to order the Attorney General of the Federation and the Minister of Justice to make public the names of those accused of embezzling more than ₦6 trillion that was supposedly used for 13,777 abandoned projects and the Niger Delta Development Commission’s (NDDC) operations between 2000 and 2019.
On Monday, November 10, Justice Gladys Olotu gave the historic ruling in response to a Freedom of Information lawsuit brought by the Socio-Economic Rights and Accountability Project (SERAP). Last Friday, a certified authentic copy of the ruling was acquired.
The NDDC forensic audit report was submitted to the Federal Government on September 2, 2021, but it has not yet been made public. The court ordered the President to guarantee the full release of the report in addition to naming the parties involved.
The judge decided that disclosing the report to the public is in the best interests of accountability and openness, particularly considering the amount of money that was purportedly misappropriated during the reviewed time.
Following repeated calls for accountability in the administration of NDDC projects, SERAP filed the case, FHC/ABJ/CS/1360/2021.
“The Niger Delta Development Commission (NDDC) forensic audit report, as well as the names of persons indicted therein, clearly fall within the definition of ‘public records’ as contained in Section 31 of the Freedom of Information Act,” according to Justice Olotu’s ruling.
Additionally, Justice Olotu ruled that “because the information relates to the use and management of public funds, the NDC forensic audit report and the names of persons indicted therein are not exempted under Sections 11–19.”
“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 under the Freedom of Information Act, Section 15(5) of the Nigerian Constitution 1999 (as amended), and Nigeria’s international obligations to promote transparency and accountability,” Justice Olotu added.
According to Justice Olotu’s ruling, “all public institutions are required by Section 2(3) of the Freedom of Information Act to cause to be published certain categories of information, including details of finances and expenditures.”
“Applying these principles, the president is clearly required by the Freedom of Information Act to publish the names of those indicted in the NDDC forensic audit report and make it public.”
“It is standard procedure for SERAP to establish (a) a clear legal right to the performance of a duty, (b) a corresponding duty on the president and the Attorney General to perform that duty, (c) a demand for the performance of the duty, and (d) a refusal or neglect to perform same in order for an order of mandamus to be issued.”
“Everyone has the right to access information held by any public official or institution, and such institution is required by law to grant access, unless the information is covered by one of the few exceptions outlined in Sections 11–19 of the Act.”
“This groundbreaking ruling is a victory for transparency and accountability in the spending of public funds,” stated Kolawole Oluwadare, deputy director of SERAP.
“Justice Olotu’s ruling highlights the critical need for the Tinubu administration to take the initiative to guarantee accountability and transparency for the N6 trillion that was supposed to be used to carry out the shelved projects in the Niger Delta.”
“We urge President Bola Tinubu to promptly comply with the court’s orders, and we commend Justice Olotu for her bravery and wisdom.”
“SERAP deserves the commendation of all well-meaning people who have agonized over reports of systemic corruption in Nigeria,” Femi Falana (SAN) stated in response to the ruling.
“This is one of the most patriotic public interest cases that Nigeria has ever seen. I applaud this historic ruling, which maintained the public’s right to know the precise fate of the N6 trillion in oil funds detailed in the NDDC forensic audit report.
As mandated by the court, the Tinubu administration must now show a genuine commitment to accountability and openness by promptly releasing the NDDC forensic audit findings and the identities of those charged. The proceeds of corruption should be thoroughly recovered, and anyone suspected of being at fault should face prosecution.
“Delaying the implementation of Justice Olotu’s ruling would be detrimental to the nation’s efforts to combat corruption and uphold the rule of law. The period of confidentiality for the identities of persons charged in the investigation and the report itself has ended.
“We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court,” the organization wrote in a letter dated November 22, 2025, addressed to President Bola Tinubu and signed by SERAP deputy director Kolawole Oluwadare.
“We urge you to direct the office of the Attorney General of the Federation to immediately publish the names of those indicted in the alleged misappropriation of over N6 trillion meant to implement 13,777 projects and in the running of the NDDC between 2000 and 2019,” was part of SERAP’s letter.
“SERAP calls on you to put the past behind you and take decisive actions that show your dedication to the rule of law, accountability, and transparency in the governance processes.
“SERAP hopes that you will view adherence to this ruling as a fundamental component of the rule of law and a necessary first step in building a fundamental institutional framework for legality and constitutionality. As a result, we anticipate your favorable reaction and action about the verdict.
In November 2021, SERAP filed lawsuit number FHC/ABJ/CS/1360/2021, requesting the publication of the NDDC audit report and the names of persons accused of embezzling more than ₦6 trillion from the NDDC’s operations between 2000 and 2019.
“The missing ₦6 trillion and over 13,000 abandoned projects in the Niger Delta have continued to have a negative impact on the human rights of Nigerians, undermining their access to basic public goods and services, such as education, healthcare, and regular and uninterrupted electricity supply,” the lawsuit stated.
Judge Olotu issued the following mandamus orders against the federal government: “AN ORDER OF MANDAMUS is hereby made directing and compelling the 1st Respondent to direct the Attorney General of the Federation and Minister of Justice to widely publish the names of those indicted in the alleged misappropriation of over N6, Trillion Naira in the running of the Niger Delta Development Commission (NDDC) between 2000 and 2019, as documented in the submitted Forensic Audit Report.
“AN ORDER OF MANDAMUS is hereby made directing and compelling the 1st Respondent to publish and make public the Niger Delta Development Commission (NDDC) Forensic Audit Report that was submitted to him on September 2, 2021.”
