In a groundbreaking ruling, the Federal High Court in Abuja has issued an order for the disclosure of the expenditure details of approximately $5 billion of the late General Sani Abacha’s looted funds, which were handled by the administrations of former Presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan, and Muhammadu Buhari.
The judgment, delivered last week by Justice James Kolawole Omotosho, was the result of a Freedom of Information suit brought by the Socio-Economic Rights and Accountability Project (SERAP), identified as suit number FHC/ABJ/CS/407/2020.
Justice Omotosho’s ruling instructed President Bola Tinubu’s government to disclose the exact amount stolen by General Sani Abacha from Nigeria, as well as the total sum of recovered Abacha loot and all agreements entered into by the governments of former Presidents Obasanjo, Yar’Adua, Jonathan, and Buhari.
The judge emphasized that SERAP’s application was well-founded and ordered the Ministry of Finance, representing the Federal Government, to provide SERAP with comprehensive spending details of the approximately $5 billion Abacha loot within seven days of the judgment.
Furthermore, the government was directed to reveal specific information regarding the projects executed using the Abacha loot, including their locations and the names of the companies and contractors involved. The court also demanded disclosure of the World Bank’s and other partners’ roles in the execution of any projects funded with Abacha loot during the administrations of former Presidents Obasanjo, Yar’Adua, Jonathan, and Buhari.
Justice Omotosho dismissed all objections raised by the Federal Government and upheld SERAP’s arguments, resulting in a judgment favoring SERAP against the Federal Government.
In his judgment, dated 3 July 2023, Justice Omotosho stated, “The failure of the Minister of Finance to write to SERAP informing it of where the said information exists or to transfer the request to a public office that has custody of such information is fatal to their case under section 5 of the Freedom of Information Act.”
SERAP subsequently sent a letter on 8 July 2023 to President Tinubu, signed by the organization’s deputy director, Kolawole Oluwadare, urging the government to promptly comply with and respect the court’s judgment. They called for the Ministry of Finance and the Attorney General of the Federation to compile and release the spending details of the recovered Abacha loot as ordered by the court.
SERAP emphasized that the immediate enforcement of the judgment would signify a victory for the rule of law, transparency, and accountability in governance, including the management of public resources. They further urged President Tinubu to differentiate his government from the previous administration by demonstrating a commitment to upholding the judiciary and combating corruption.
The defendants in the suit were the Minister of Finance, the Attorney General of the Federation, and the Minister of Justice.
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