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
The Economic and Financial Crimes Commission (EFCC) has rearrested Friday Audu, the alleged mastermind of a massive cryptocurrency investment fraud and romance scam, just moments after he was granted bail by a Federal High Court in Ikoyi, Lagos.
In a dramatic turn of events, EFCC operatives intercepted Audu as he stepped out of the court premises on Thursday. The anti-graft officers swiftly bundled him into a waiting white van and whisked him away, while his co-defendants were led off by correctional officers.
Audu, alongside two Chinese nationals, Huang Haoyu and An Hongxu, as well as their company, Genting International Ltd, is facing a 12-count charge bordering on cybercrime. The trio was arraigned before Justice Daniel Osiagor on Monday, March 17, and returned to court on March 20 for their bail hearing.
Despite being granted bail, Audu’s troubles deepened as EFCC officials moved in swiftly. The court had granted him bail in the sum of N50 million, with two sureties—one being a serving director in Nigeria, and the other a Lagos-based property owner willing to surrender title documents to the court. Until these conditions are met, Audu was to remain in correctional custody.
However, his alleged accomplice, Huang Haoyu, was not as fortunate. The court denied his bail application, ruling that his residence status in Nigeria was unclear and that he posed a flight risk. The third defendant, An Hongxu, did not apply for bail and was remanded in custody.
Justice Osiagor adjourned the trial to May 2, 2025.
How It All Started
The EFCC’s case against Audu and his co-defendants stems from a December 2024 sting operation that led to the arrest of 193 foreigners and several Nigerians linked to a sophisticated cyber-fraud network.
According to the prosecution, Audu allegedly spearheaded the recruitment of young Nigerians into the syndicate, which engaged in cyber fraud, cryptocurrency scams, and illicit financial dealings. The EFCC further alleged that the group conspired with one Dualiang Pan (still at large) to access computer systems designed to destabilize Nigeria’s economic and social structure.
The defendants were accused of using young Nigerians to impersonate foreign nationals in online scams, defrauding unsuspecting victims of millions of dollars. Investigators also linked them to a staggering ₦3.4 billion fraud, with proceeds traced to the Union Bank account of Genting International Ltd.
Other fraudulent transactions flagged in the case include:
- The illegal retention of $1.2 million in a crypto wallet by one Chukwuemeka Okeke.
- A similar retention of $1.3 million by Alhassan Garba and Ifesinachi Jacobs.
- Suspicious transfers of ₦106 million and ₦913 million to an account controlled by Dualiang Pan.
- Unofficial foreign exchange dealings worth over ₦2 billion, allegedly conducted outside the Central Bank of Nigeria’s approved system.
The EFCC maintained that these activities violated multiple provisions of the Cybercrime (Prohibition) Act 2015, the Money Laundering Act 2021, and the Foreign Exchange Monitoring Act 2004.
Battle for Bail
During Thursday’s proceedings, EFCC prosecutor Bilikisu Buhari-Bala opposed bail for the defendants, arguing that they were flight risks and key players in an extensive cybercrime syndicate. She pressed for an accelerated trial instead.
Defense counsels, however, pleaded for leniency. Senior Advocate of Nigeria (SAN) Emeka Okpoko, representing the first defendant, urged the court to grant his client bail on “liberal terms.” Similarly, Clement Onwuenwunor (SAN), who represented Audu, pushed for his client’s release under favorable conditions.
Despite the court’s decision to grant Audu bail, his freedom was short-lived as EFCC officials quickly stepped in to rearrest him, a move that hints at fresh charges or an ongoing investigation.
With the case now set for trial on May 2, all eyes remain on the EFCC and the fate of the alleged crypto fraud syndicate.
Operatives of the Economic and Financial Crimes Commission (EFCC) have arrested the Accountant General of Bauchi State, Sirajo Jaja, over an alleged ₦70 billion fraud.
Jaja was apprehended in Abuja on Wednesday, 19 March 2025, alongside Aliyu Abubakar, an operator of Jasfad Resources Enterprise—an unlicensed bureau de change (BDC)—and Sunusi Ibrahim Sambo, a Point of Sale (PoS) operator.
Their arrests form part of an ongoing EFCC investigation into allegations of money laundering, diversion of public funds, and misappropriation involving the staggering sum.
The Commission is also probing the Governor of Bauchi State, Bala Mohammed, in connection with the matter.
According to the EFCC, preliminary findings indicate that a total of ₦59 billion was withdrawn in cash through various bank accounts managed by the Accountant General on behalf of the state government. The funds were allegedly transferred to Abubakar and Sambo, who then made cash payments to political party agents and associates of the governor.
Notably, Abubakar, the BDC operator, had previously absconded while on bail but has now been rearrested.
EFCC spokesperson, Dele Oyewale, confirmed the arrests, stating that investigations are ongoing to unravel the full extent of the financial misconduct.
The National Drug Law Enforcement Agency (NDLEA) has intercepted a shipment of cocaine ingeniously concealed within prayer beads and locally made shoes, foiling an attempt to traffic the illicit substance.
NDLEA’s Director of Media and Advocacy, Femi Babafemi, disclosed this in a statement on Sunday, revealing that some suspects have been arrested in connection with the smuggling attempt.
Babafemi, who shared images of the seized contraband on X (formerly Twitter), condemned the act, especially in the holy month when religious devotion takes precedence.
“In this holy month, when people are consecrating themselves and making supplications to their God, some persons were preoccupied with concealing cocaine in prayer beads and locally made shoes to desecrate the precincts of the holy land in the holy month,” he stated.
He further noted that vigilant NDLEA operatives intercepted the illicit shipment, preventing the traffickers from executing their plan.
The anti-narcotics agency has intensified its crackdown on drug trafficking, especially methods that exploit religious items and sacred periods to evade detection.
As investigations continue, the NDLEA reaffirmed its commitment to curbing drug-related crimes and ensuring that traffickers face the full weight of the law.
-
News1 week agoOyo: Oseni Sympathises with Aleshinloye Market Fire Victims, Calls for Government Support
-
Politics1 week ago
El-Rufai Urges Atiku, Obi, Others to Join SDP, Rules Out Merger
-
Education5 days ago
Emmanuel Alayande University Holds 2024/2025 Matriculation March 27
-
Politics1 week ago
El-Rufai: I Consulted Buhari Before Leaving APC for SDP
