In a significant ruling for transparency and accountability, a Federal High Court in Abuja has issued a landmark judgment compelling the publication of a long-withheld forensic audit report on the Niger Delta Development Commission (NDDC).
Court Mandates Full Disclosure
The presiding judge, Justice Gladys Olotu, delivered the judgment on the case with the suit number FHC/ABJ/CS/1360/2021. The case was initiated by the Socio-Economic Rights and Accountability Project (SERAP). The court has ordered President Bola Tinubu to direct the Attorney General of the Federation and Minister of Justice to publicly release the complete NDDC forensic audit report.
Furthermore, the court has mandated the Federal Government to publish the names of all individuals indicted in the report. The audit investigates the alleged misappropriation of a staggering sum of over N6 trillion. These funds were originally designated for the execution of 13,777 projects that were subsequently abandoned, as well as for the general operations of the NDDC between the years 2000 and 2019.
Legal Basis for the Judgment
In her ruling, Justice Olotu firmly established that the forensic audit report and the list of indicted persons fall squarely within the legal definition of 'public records' as stipulated in Section 31 of the Freedom of Information (FoI) Act. She clarified that this information is not exempt from disclosure under Sections 11-19 of the same Act, as it directly concerns the use and management of substantial public funds.
The judge stated that the refusal by the President and the Attorney General to publish the report, which was submitted to the Federal Government on September 2, 2021, despite a formal request from SERAP, constituted a clear breach of their statutory duties. This refusal was found to violate not only the FoI Act but also Section 15(5) of the Nigerian Constitution of 1999 and Nigeria's international obligations to foster transparency.
Implications for Public Accountability
Justice Olotu emphasized that Section 2(3) of the Freedom of Information Act imposes a mandatory duty on all public institutions, including the presidency, to publish specific categories of information, particularly details related to public finances and expenditures. She explained that for an order of mandamus to be issued, SERAP successfully demonstrated a clear legal right to the information and a corresponding duty on the government to provide it, followed by a demand and a subsequent refusal.
This judgment reinforces the fundamental principle that every person has the right to access information held by public officials or institutions. The court's decision is seen as a major victory for anti-corruption advocates and sets a powerful precedent for enforcing accountability in the management of public resources in Nigeria.
