President Bola Tinubu is required by a consequential order issued by the Federal High Court in Abuja 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 unfinished projects and the Niger Delta Development Commission (NDDC) between 2000 and 2019.
In response to a Freedom of Information lawsuit brought by the Socio-Economic Rights and Accountability Project (SERAP), Justice Gladys Olotu rendered the historic ruling on Monday, November 10. The decision’s certified accurate copy was acquired last Friday.
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 its full release in addition to identifying 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 period under investigation.
SERAP filed the complaint, FHC/ABJ/CS/1360/2021, in 2021 in response to persistent calls for accountability in NDDC project management.
According to Justice Olotu’s ruling, “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.”
“NDDC forensic audit report and the names of persons indicted therein are not exempted under Sections 11-19, as the information relates to the use and management of public funds,” Justice Olotu further ruled.
“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,” further declared Justice Olotu.
According to a portion of Justice Olotu’s ruling, “Section 2(3) of the Freedom of Information Act mandates all public institutions to cause to be published certain categories of information, including details of finances and expenditures.”
“In accordance with these principles, the Freedom of Information Act requires the president to publish the names of those indicted in the NDDC forensic audit report and make the report publicly available.”
“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 part of 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 the same.”
“Everyone has the right to access information in the custody of 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 listed in Sections 11–19 of the Act.”
According to Kolawole Oluwadare, deputy director of SERAP, “This groundbreaking judgment is a victory for transparency and accountability in the spending of public funds.”
“Justice Olotu’s ruling demonstrates how urgently the Tinubu administration must 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 applaud Justice Olotu for her bravery and discernment, and we implore President Bola Tinubu to promptly follow the court’s orders.”
Regarding the ruling, Femi Falana (SAN) stated: “SERAP deserves the commendation of all well-meaning people who have agonized over reports of systemic corruption in Nigeria.”
“This is one of Nigeria’s most patriotic public interest lawsuits ever. I applaud this historic ruling, which has 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 directed 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 be held accountable.
The nation’s efforts to combat corruption and uphold the rule of law would be compromised if Justice Olotu’s ruling were not promptly implemented. The report and the names of individuals accused in it are no longer subject to confidentiality.
“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 addressed to President Bola Tinubu on November 22, 2025, and signed by Kolawole Oluwadare, deputy director of SERAP.
In part, SERAP’s letter stated, “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.”
“SERAP calls on you to put the past behind you and take immediate action that shows your dedication to accountability, openness, and the rule of law in the governance processes.
“SERAP is confident that you will view adherence to this ruling as a crucial 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 eagerly await your affirmative response and action about the verdict.
In November 2021, SERAP filed lawsuit number FHC/ABJ/CS/1360/2021, requesting the release of the NDDC audit report and the names of persons accused of embezzling more than ₦6 trillion during 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 said.
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 First Respondent to publish and make public the Niger Delta Development Commission (NDDC) Forensic Audit Report that was submitted to him on September 2, 2021.”
