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
A Magistrate Court sitting in Ado Ekiti, the Ekiti State capital, has granted human rights lawyer and activist, Dele Farotimi, bail to the tune of ₦30 million. The court also mandated Farotimi to provide three sureties with landed properties within its jurisdiction.
As part of the bail conditions, the court ordered Farotimi to refrain from granting media interviews and to submit his international passport to the authorities. The case has been adjourned to February 13, 2025, for further proceedings.
Farotimi, who had been remanded at a correctional center in Ado Ekiti, arrived at the court premises on Friday at approximately 9:45 a.m. He was conveyed in a prison van accompanied by a police escort. Upon arrival, the embattled lawyer raised his hands in appreciation of a cheering crowd that had gathered outside the court to show their solidarity.
The human rights advocate is facing prosecution for allegedly defaming a Senior Advocate of Nigeria (SAN), Afe Babalola. His arrest has ignited widespread public outcry, with many Nigerians and civil society groups condemning the action and demanding his immediate release.
Farotimi’s detention and subsequent arraignment have fueled debates about the boundaries of free speech and defamation laws in Nigeria, with critics arguing that the case may stifle dissenting voices in the country.
Police operatives have apprehended a 25-year-old man, Enediong Bassey, in possession of a pump-action gun concealed in a bag of rice at Nkwelle-Ezunaka.
The suspect, a native of Ikono Local Government Area in Akwa Ibom State, was arrested on November 22, 2024, at 6:38 pm following credible intelligence.
This was disclosed in a statement issued on Tuesday by the Police Public Relations Officer, Anambra State Command, SP Tochukwu Ikenga.
The statement revealed that officers attached to the 3-3 Divisional Headquarters, led by CSP Emeka Obi, acted swiftly to intercept Bassey.
During interrogation, he admitted to being a member of a local vigilante group but confessed to plans of absconding with the weapon to join a criminal gang involved in armed robbery and other illicit activities.
“Given the above and following other complaints and unprofessional conduct by some security outfits and vigilante members, the Commissioner of Police, CP Nnaghe Obono Itam, in line with the principles of community policing, reiterates the calls for profiling of security operatives assisting the police and other security agencies on anti-crime operations to improve safety in the state,” the statement read.
In light of the situation, the Commissioner of Police has directed the immediate transfer of the suspect to the command’s anti-robbery squad for a thorough investigation.
The Anambra State Police Command reassured residents of its commitment to ensuring the safety and security of lives and property, urging vigilance and collaboration with law enforcement.
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.
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