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 Maryanne Anenih of the High Court of the Federal Capital Territory has issued a public summons for former Kogi State Governor Yahaya Bello to appear in court to respond to a fresh 16-count indictment.
The summons requires Bello to attend court on October 24 for his arraignment, alongside co-defendants Umar Oricha and Abdulsalami Hudu.
The public summons was ordered following an application by the Economic and Financial Crimes Commission (EFCC).
In her ruling, Justice Anenih directed the EFCC to publish the summons in a widely circulated newspaper to ensure proper notification.
Also, the court instructed the EFCC to post copies of the public summons at Bello’s last known address and in conspicuous locations within the court premises.
The EFCC has reported difficulties in serving the charges, which were filed on September 24, alleging that Bello and the two co-defendants committed a criminal breach of trust involving a staggering ₦110.4 billion.
A Police Inspector, Mohammed Bulama, attached to the Police Mobile Force (PMF) 41 in Yobe State, has been arrested for allegedly killing a 39-year-old civilian, Abdulmalik Dauda, during a confrontation in Damaturu, the state capital.
The incident, which occurred on September 29, 2024, was sparked by a heated argument between Bulama and Dauda over “uncleared transactions” in the Zango area of Damaturu. The argument escalated, leading Bulama to fatally stab Dauda in the chest.
In a statement, the Yobe State Police spokesperson, Dungus Abdulkarim, confirmed Bulama’s arrest and announced that an investigation into the homicide case had been launched.
“The Commissioner of Police, CP Garba Ahmed, has ordered an immediate and thorough investigation into the incident involving Inspector Mohammed Bulama,” Abdulkarim said.
He further disclosed that the officer has been placed in custody, pending internal disciplinary action and prosecution.
CP Ahmed condemned the actions of the officer, extending his condolences to the family of the victim.
He also assured the public that justice would be served swiftly in accordance with the law.
The Lagos State Police Command has summoned three officers accused of extorting N1 million from members of the National Youth Service Corps (NYSC) in the Surulere area of Lagos.
Footage of the incident, which went viral on social media late Friday, shows the officers confronting the corps members, reportedly over the absence of a physical copy of a driver’s license. The video was shared by social media user Oluyemi Fasipe, who claimed that the officers threatened the corps members with firearms and forcibly took them to the Kafaru Oluwole Tinubu House, the Area C Command of the Lagos State Police, where they allegedly extorted the sum of N1 million.
“Dear @BenHundeyin, Your officers today in Surulere extorted 1 million naira from three corps members,” Fasipe wrote on X (formerly Twitter). “They were threatened with firearms, kidnapped, and taken to the KAFARU OLUWOLE TINUBU HOUSE AREA C POLICE COMMAND of the @LagosPoliceNG where they were robbed.”
Fasipe added that the entire incident stemmed from the corps members’ inability to present a physical copy of a driver’s license, a situation he described as “evil.”
In one of the videos, the officers are seen inspecting the vehicle’s documents, with the situation escalating as additional officers arrived. One officer can be seen entering the car and demanding that the corps members stop recording the incident, while also prohibiting them from contacting their families.
In response, the spokesperson of the Lagos State Police Command, Benjamin Hundeyin, confirmed that the officers involved have been summoned, and an investigation is underway.
“The men have been summoned, and their trial has commenced,” Hundeyin wrote on X. “We urge the complainants to visit the Complaint Response Unit at the State Headquarters to testify at the ongoing trial.”
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