Crime & Court
Account for $5bn Abacha loot – Court orders Obasanjo, Yar’Adua, Jonathan, Buhari
An Abuja Federal High Court, in a historic judgment, ordered the disclosure of the spending details of about USD$5 billion Abacha loot by the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan, and Muhammadu Buhari respectively.
The court also ordered the government of President Bola Tinubu to “disclose the exact amount of money stolen by General Sani Abacha from Nigeria, and the total amount of Abacha loot recovered and all agreements signed on same by the governments of former presidents Obasanjo, Yar’Adua, Jonathan, and Buhari.”
The judgment was delivered last week by Justice James Kolawole Omotosho following a Freedom of Information suit number: FHC/ABJ/CS/407/2020, brought by the Socio-Economic Rights and Accountability Project (SERAP).
In his judgment, Justice Omotosho held that “In the final analysis, the application by SERAP is meritorious and the Federal Government through the Ministry of Finance is hereby ordered to furnish SERAP with the full spending details of about $5bn Abacha loot within 7 days of this judgment.”
Justice Omotosho ordered the government to “disclose details of the projects executed with the Abacha loot, locations of any such projects and the names of companies and contractors that carried or carrying out the projects since the return of democracy in 1999 till date.”
Justice Omotosho further ordered the government to “disclose details of specific roles played by the World Bank and other partners in the execution of any projects funded with Abacha loot under the governments of former presidents Obasanjo, Yar’Adua, Jonathan, and Buhari.”
Justice Omotosho also added, “The excuse by the Minister of Finance is that the Ministry has searched its records and the details of the exact public funds stolen by Abacha and how the funds have been spent are not held by the Ministry. The excuse has no leg to stand in view of section 7 of the Freedom of Information Act.”
Omotosho dismissed all the objections raised by the Federal Government and upheld SERAP’s arguments. Consequently, the court entered judgment in favour of SERAP against the Federal Government.
Justice Omotosho’s judgment, dated 3 July 2023, read in part: “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 public office who has custody of such information is fatal to their case under section 5 of the Freedom of Information Act.”
“The Ministry cannot use a blanket statement that it did not have the said records of about $5bn Abacha loot sought by SERAP. The government failed to provide details of the projects executed with the money. It also failed to provide locations of the projects and the names of the companies and contractors that carried out or are carrying out the projects funded with the money.”
“I hold that by the clear wordings of section 7 of the Freedom of Information Act, 2011, access to information about spending details of $5bn Abacha loot was denied SERAP by the Federal Government.”
The Federal Government had filed a 14 paragraph Counter Affidavit deposed to by Abah Sunday, Litigation Officer in the office of the Attorney General of the Federation argued that SERAP’s suit is frivolous, as it has not shown that the government denied it the information it seeks.”
“The Federal Government has also stated that SERAP has not established sufficient interest in its application. The government urged the Court to dismiss the suit.”
“For the sake of emphasis, possession of locus standi has been the bane of the citizens’ advocates, in the public interest litigation, to query transparency and accountability in governance in Nigeria.”
“In a democratic dispensation, such as in Nigeria, the citizens have been proclaimed the owners of sovereignty and mandates that place leaders in the saddle.”
“The requirement is a serious fracture of the citizens’ inalienable right to ventilate their grievances against poor governance vis-à-vis expenditure of public funds generated from their taxes.”
“The sacrosanct provision of Section 1(2) of the Freedom of Information Act, which has ostracised this disturbing requirement, has, admirably, remedied the harmful mischief appurtenant to it.”
“Clearly, section 1 gives a person the right to access any information from any public institution in Nigeria. SERAP is an organization registered in Nigeria and thus a juristic person. As a juristic person, SERAP need not show any specific interest in the spending details of about $5bn Abacha loot to be entitled to the same.”
“I therefore hold that SERAP is entitled to the information on the spending details of about $5bn Abacha loot, and need not show any special interest in the information sought.”
“The provision of Section 4 of the Freedom of Information Act is quite clear and mandates that public institution or public officer such as the Minister of Finance and the Attorney General of the Federation and Minister of Justice must make available the information requested within 7 days of the request.”
In the letter dated 8 July 2023 sent to President Tinubu on the judgment, and signed by SERAP deputy director, Kolawole Oluwadare, the organization said, “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.”
SERAP’s letter, read in part: “We urge you to direct the Ministry of Finance and the office of the Attorney General of the Federation to immediately compile and release the spending details of recovered Abacha loot as ordered by the court.”
“The immediate enforcement and implementation of the judgment by your government will be a victory for the rule of law, transparency, and accountability in the governance processes and management of public resources including the $5bn Abacha loot.”
“By immediately complying with the judgment, your government will be demonstrating to Nigerians that it is different from the Buhari government, which persistently and brazenly defied the country’s judiciary, and sending a powerful message to politicians and others that there will be no impunity for grand corruption.”
“Immediately implementing the judgment will restore trust and confidence in the independence of Nigeria’s judiciary. SERAP urges you to make a clean break with the past and take clear and decisive steps that demonstrate your commitment to the rule of law, transparency, and accountability in the governance processes.”
“SERAP trusts that you will see compliance with this judgment as a central aspect of the rule of law; an essential stepping stone to constructing a basic institutional framework for legality and constitutionality. We, therefore look forward to your positive response and action on the judgment.”
Joined as defendants in the suit are the Minister of Finance and the Attorney General of the Federation and the Minister of Justice.
Justice Omotosho granted the following orders of mandamus against the Nigerian government:
AN ORDER OF MANDAMUS is hereby made directing and compelling the Federal Government [through the Ministry of Finance and the office of the Attorney General of the Federation and Minister of Justice to provide and disclose the following information to SERAP:
[a] Exact amount of money stolen by General Sani Abacha from Nigeria, and the total amount of Abacha loot recovered and all agreements signed on same since the return of democracy in 1999 till date
[b] Details of the projects executed with the recovered funds, locations of any such projects, and the names of companies and contractors that carried or carrying out the projects
[c] Details of specific roles played by the World Bank and other partners in the execution of any projects funded with Abacha loot since 1999
AN ORDER OF MANDAMUS is hereby made directing and compelling the Federal Government to:
[a] Refer any allegations of corruption involving the execution of projects with Abacha loot to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for investigation
[b] Ensure that anyone involved in alleged corruption in projects executed with Abacha loot is brought to justice if there is relevant and sufficient admissible evidence
Justice Ayokunle Faji of the Federal High Court in Lagos has ordered an accelerated trial of four bloggers accused of defaming and cyberstalking the management of Guaranty Trust Holding Company (GTCO), including its Group CEO, Mr. Segun Agbaje.
The defendants—Precious Eze, Olawale Rotimi, Rowland Olonishuwa, and Seun Odunlami—face a 10-count amended charge for allegedly publishing false and defamatory content about GTCO on various social media platforms.
During proceedings on November 13 and 14, Justice Faji dismissed their bail applications, citing the severity of the charges, which carry potential penalties of up to 14 years in prison.
The judge specifically noted that Precious Eze had previously been charged with a similar offense in another court and was on bail at the time of the alleged actions, demonstrating a likelihood of reoffending.
Justice Faji emphasized the destabilizing impact such actions could have on the banking sector, pointing to the cross-border nature of some of the allegations.
“The regulatory oversight of institutions like the Central Bank of Nigeria (CBN) should not be undermined by false claims,” the judge remarked, referencing GTCO’s CBN-approved audited statements.
At the previous hearing, defense counsel Afolabi Adeniyi had urged the court to grant bail on liberal terms, arguing that the defendants were ready to stand trial.
However, the prosecution counsel, Chief Aribisala, SAN, opposed the motion, raising concerns about the defendants potentially absconding and stressing the need for a swift trial.
In his ruling, Justice Faji rejected the defense’s plea, ordering an expedited trial to address the case’s significant implications for the financial industry.
The trial has been adjourned to December 10 and 12 for continuation.
Ola Olukoyede, Chairman of the Economic and Financial Crimes Commission (EFCC), has raised concerns over widespread corruption in Nigeria’s electricity sector, attributing frequent national grid failures to fraudulent practices involving substandard materials.
Olukoyede made these remarks on Tuesday during a visit from the House of Representatives Committee on Anti-Corruption and Financial Crimes to the EFCC headquarters in Abuja.
He revealed that ongoing investigations in the power sector had exposed disturbing levels of malpractice, often resulting in compromised infrastructure and recurrent grid collapses.
“As I am talking to you now, we are grappling with electricity. If you see some of the investigations we are carrying out within the power sector, you will shed tears,” Olukoyede stated.
He further explained that contractors awarded projects to supply electrical equipment were substituting recommended materials with cheaper, inferior alternatives.
“People who were awarded contracts to supply electricity equipment, instead of using what they call 9.0 gauge, they will buy 5.0,” he said, noting that such fraudulent practices contribute significantly to the country’s unstable power supply.
“So, every time you see the thing tripping off gets burnt, and all of that, it’s part of our problems.”
The EFCC boss disclosed that the agency would be intensifying efforts toward crime prevention rather than focusing solely on asset recovery.
He emphasized that future scrutiny would prioritize spending by government ministries and agencies to curb misappropriation at the source.
Crime & Court
Nigerian Man Wanted for Child’s Murder Added to U.S. Marshals’ “15 Most Wanted” List, $25,000 Reward Offered
A Nigerian man, Olalekan Abimbola Olawusi, 48, is now among the U.S. Marshals Service’s “15 Most Wanted” list.
Authorities are offering a reward of up to $25,000 for any information that results in his arrest.
He is sought on charges including first-degree murder, causing serious bodily harm to a child, and unlawful flight to avoid prosecution, according to a report on the U.S. Marshals Service’s website.
Olawusi was charged with first-degree murder and two counts of causing serious bodily harm to a child after emergency personnel in Providence, Rhode Island, found his 3-month-old son with severe injuries on April 3, 2017.
The infant was in cardiac arrest and needed resuscitation to restore a pulse. A medical examination later revealed the child had 18 injuries in various stages of healing, consistent with prolonged abuse.
These injuries included a skull fracture, severe brain injury, and fractures to the ribs, clavicle, and limbs. Tragically, the child died six months later, despite life support efforts.
Providence Police initially arrested Olawusi on April 20, 2017, on charges of first-degree child abuse. He was released the same day but fled after the child’s death on October 31, 2017, at which point the charge was upgraded to murder.
In June 2017, Olawusi reportedly left the United States from John F. Kennedy International Airport in New York, traveling to Nigeria on his Nigerian passport. Authorities suspect he may be receiving support from relatives in Nigeria and have voiced concerns that he could pose a danger to other children.
“Mr. Olawusi is wanted for the abuse and murder of an innocent child, and has fled the country to avoid justice,” said U.S. Marshals Service Director Ronald L. Davis.
“We have placed Mr. Olawusi on our 15 Most Wanted list due to the heinous crimes he’s committed and the threat he continues to pose to the public. The USMS will exhaust all resources necessary to bring him to justice for his family and the community.”
Olawusi, also known as Olekun Olawusi, is described as approximately 5 feet 8 inches tall, weighing around 185 pounds, with black hair and brown eyes. Authorities encourage anyone with information regarding his whereabouts to contact the U.S. Marshals at 1-877-WANTED2 (926-8332) or via the USMS Tips App.
The “15 Most Wanted” fugitive programme, established in 1983, identifies some of the most dangerous and high-profile fugitives in the U.S. Known for their extensive criminal backgrounds, these fugitives often pose significant risks to public safety.
Since its creation, the programme has led to the capture of over 250 high-risk individuals, including murderers, sex offenders, and organized crime figures.
In collaboration with federal, state, and local law enforcement agencies, the U.S. Marshals Service plays a crucial role in fugitive investigations.
In fiscal year 2023 alone, USMS-led fugitive task forces arrested over 73,000 fugitives and resolved nearly 86,000 warrants, demonstrating their commitment to public safety and justice.
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