The Federal High Court in Abuja has delivered a judgment, compelling the governments of former Nigerian presidents, namely Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan, and Muhammadu Buhari, to disclose the spending details of approximately $5 billion returned Abacha loot.
In the case with suit number FHC/ABJ/CS/407/2020, brought by the Socio-Economic Rights and Accountability Project (SERAP), Justice James Kolawole Omotosho ruled in favour of SERAP.
The court ordered the government of President Bola Tinubu to reveal the exact amount of money stolen by General Sani Abacha from Nigeria, as well as the total amount of Abacha loot recovered and all agreements signed regarding the funds by the aforementioned former presidents.
The judgements
- Justice Omotosho stated, “In the final analysis, the application by SERAP is meritorious, and the Federal Government, through the Ministry of Finance, is hereby directed to provide SERAP with the complete spending details of about $5 billion Abacha loot within 7 days from the date of this judgment.”
Furthermore, the court instructed the government to disclose the specifics of projects executed using the Abacha loot, including their locations, as well as the names of companies and contractors involved in these projects since the restoration of democracy in 1999 up to the present.
Justice Omotosho also ordered the government to reveal the precise roles played by the World Bank and other partners in the implementation of any projects funded with the Abacha loot under the administrations of former presidents Obasanjo, Yar’Adua, Jonathan, and Buhari.
FG’s objection
Regarding the Minister of Finance’s excuse that the ministry does not possess the records of the exact public funds stolen by Abacha and how they were spent, Justice Omotosho stated that such an excuse holds no ground under section 7 of the Freedom of Information Act.
What the judgement says
The court dismissed all objections raised by the Federal Government and upheld SERAP’s arguments, ruling in favour of SERAP against the government.
Justice Omotosho’s judgment, dated July 3, 2023, read in part: “The failure of the Minister of Finance to inform SERAP about the existence of the requested information or to transfer the request to a public office that holds such information is fatal to their case under section 5 of the Freedom of Information Act.”
- “The Ministry cannot simply claim that it does not possess the records of the approximately $5 billion Abacha loot sought by SERAP. The government failed to provide details of the projects executed with the funds, including their locations and the names of the companies and contractors involved.
- “I hold that, according to the clear wording of section 7 of the Freedom of Information Act, 2011, access to information regarding the spending details of the $5 billion Abacha loot was denied to SERAP by the Federal Government.”