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Account for $5bn Abacha loot – Court orders Obasanjo, Yar’Adua, Jonathan, Buhari

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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

 

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Crime & Court

FCMB staff, ex-worker remanded over alleged $25,000 cyber fraud

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A Federal High Court in Lagos has ordered the remand of a Service Administrator with First City Monument Bank Plc, Gideon Bakpa Aghogho, and a former employee of the bank, Oscar Ebere Chukwuebuka, over an alleged $25,000 cyber fraud.

Justice Friday Ogazi gave the order on Wednesday following the arraignment of the two men by the Economic and Financial Crimes Commission on charges bordering on conspiracy, cybercrime and fraud.

The EFCC alleged that Aghogho, Chukwuebuka and a man identified as Scott, who is still at large, conspired between July 24 and 26, 2026, to gain unauthorised access to the bank’s server and siphon $25,000.

The prosecution counsel, Bilikisu Buhari-Bala, told the court that Aghogho allegedly released his access code to Chukwuebuka, who was said to have approached him to facilitate access to the bank’s system.

According to the prosecutor, the access code, which was linked to the bank’s local Administrative Credential, known as ITSD, was allegedly used to gain access to the FCMB Virtual Centre Platform.
Buhari-Bala further alleged that after the money was siphoned, Aghogho received $2,000, while Chukwuebuka allegedly received $400.

The prosecutor said the alleged offences violated provisions of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015, as amended in 2024, and the Money Laundering (Prevention and Prohibition) Act, 2022.

When the charges were read to them, Aghogho pleaded not guilty, while Chukwuebuka pleaded guilty.
Following their pleas, Justice Ogazi adjourned the case until August 27, 2026, for a review of the facts relating to the charges against Chukwuebuka.

The judge also ordered that the two defendants be remanded in the custody of the Nigerian Correctional Service pending the next hearing.

Before the arraignment, counsel to the defendants, N. Egah and Livingstone Madu, told the court that their clients were willing to enter into a plea bargain agreement.

The prosecutor, however, said the EFCC was not aware of any plea bargain arrangement involving the defendants.
One of the counts alleged that Aghogho, Chukwuebuka and Scott conspired to provide and use Aghogho’s access code to the FCMB system, thereby enabling unauthorised access to the bank’s Virtual Centre Platform.

Another count accused Aghogho of unlawfully disclosing access credentials, including the bank’s server IP and domain credentials, which allegedly facilitated access to the bank’s database.

The EFCC also alleged that Aghogho retained $2,000 on July 26, 2026, while Chukwuebuka retained $400, knowing or having reasonable grounds to believe that the sums were proceeds of an unlawful act.

The defendants have not been convicted of the allegations.

The case was adjourned until August 27 for further proceedings.

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Crime & Court

Police Arrest 10 Suspected Human Parts Dealers in Oyo

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Operatives of the Oyo State Police Command have arrested 10 suspected human parts dealers in Iseyin and Saki areas of the state following months of intelligence gathering and surveillance.

The suspects were arrested by the Command’s Monitoring Unit after operatives had closely monitored their activities, the Police Public Relations Officer, DSP Ayanlade Olayinka, disclosed in a statement made available to journalists on Friday.

According to the statement, the arrests followed “sustained intelligence gathering, discreet surveillance and close monitoring” of the suspects.

Those arrested were Adam Ibrahim, 42; Nasiru Kabiru, 22; Tijani Wasiu, 54; Abiola Nasiru, 45; Amusa Gbadamosi, 57; Raheem Taofeek, 46; Jimoh Muritala, 35; Suleiman Busari, 47; Ganiyu Nurudeen, 36; and Usman Abdullahi, 52.

Police said several suspected human parts and charms were recovered during searches of the suspects’ hideouts.

The exhibits included a suspected human heart, human flesh, pieces of human skull and assorted charms.

The command said the recovered items had been secured for forensic examination as investigations continued.

Olayinka said the suspects had confessed to dealing in human parts for ritual purposes, adding that they were assisting investigators in tracing the source, procurement and intended use of the recovered items.

He said efforts were ongoing to arrest other members of the alleged syndicate.

The Commissioner of Police, Oyo State Command, CP Abimbola Ayodeji Olugbenga, commended the operatives for what he described as a painstaking intelligence-led operation.

The CP reaffirmed the command’s determination to rid the state of criminal elements and protect the sanctity of human life.

He urged residents to remain vigilant and provide credible information to the police to aid crime prevention and detection.

 

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Crime & Court

Ex-DSS Officer Arraigned Over Alleged IPOB Membership, Terror Charges

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The Department of State Services has arraigned one of its retired officers, Nwaogu Ihechimere Ezeakolam, before the Federal High Court in Abuja over his alleged involvement with the proscribed Indigenous People of Biafra.

Ezeakolam was docked before Justice Mohammed Umar on a four-count charge bordering on alleged membership of the separatist group, providing support for its activities and using social media to promote its cause.

The charges were instituted by the Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), on behalf of the Federal Government. The prosecution alleged that the offences were committed in Abuja and Abia State between 2025 and 2026.

According to the charge, the retired operative allegedly rendered moral support to IPOB by disseminating information in favour of the group through the internet and his social media platforms. The prosecution said the action contravened provisions of the Terrorism (Prevention and Prohibition) Act, 2022.

The Federal Government also accused him of becoming a member of IPOB despite the group’s proscription by the court. It maintained that the alleged act is punishable under the Terrorism (Prevention and Prohibition) Act.

In another count, the prosecution alleged that Ezeakolam knowingly posted messages on social media designed to persuade members of the public to support IPOB. It further claimed that the posts amounted to aiding and abetting the activities of the proscribed organisation.

The fourth charge accused the defendant of publishing messages online to advance the cause of IPOB, an offence the prosecution said is contrary to the provisions of the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, as amended.

When the charges were read, Ezeakolam pleaded not guilty to all four counts. Following his plea, prosecuting counsel, Memunat Oladunjoye, urged the court to fix a date for the commencement of trial.

Counsel for the defendant, Godfirst Maduka, informed the court that he intended to file a bail application on behalf of his client. Justice Umar directed that the application should be filed accordingly and fixed October 29 for the commencement of trial.

The judge subsequently ordered that the defendant be remanded in the Kuje Custodial Centre pending the hearing and determination of his bail application.

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