Connect with us

Crime & Court

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

Published

on

 

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

 

Comments

Crime & Court

EFCC arraigns Blessing CEO over alleged N36m duplex scam

Published

on

The Economic and Financial Crimes Commission has arraigned popular social media influencer and relationship therapist, Okoro Blessing Nkiruka, widely known as Blessing CEO, before the Federal High Court in Ikoyi, Lagos, over an alleged N36m fraud linked to a property transaction.

Blessing CEO was docked before Justice Deinde Dipeolu on a two-count charge bordering on obtaining money by false pretence and stealing.

At the resumed proceedings on Thursday, defence counsel, P. I. Nwafor, told the court that the defendant had refunded part of the money allegedly obtained from the complainant.

According to him, the influencer had refunded N24m out of the N36m involved in the matter and was making moves to settle the outstanding balance.

“We have an application to make. The defendant approached the nominal complainant and refunded N24m out of the N36m,” Nwafor said.

“We are asking for a short adjournment to resolve the outstanding balance. The nominal complainant agreed that if the balance is paid, they can prevail on the EFCC to drop the case.”

But prosecuting counsel, Suleiman I. Suleiman, opposed the request, insisting that the anti-graft agency was not part of any settlement discussion between the parties.

“The complainant here is the Federal Government of Nigeria, and we are here for the arraignment. We urge that the defendant take her plea, as that is the business of the day,” he said.

Ruling on the submission, Justice Dipeolu held that any discussion between the defendant and the nominal complainant would not stop the criminal proceedings.

“The defence and the nominal complainant can have discussions even during the pendency of the charge. It does not affect the proceedings before the court. The defendant will take her plea,” the judge ruled.

According to one of the charges, Blessing CEO allegedly obtained N36m from one Mrs Ifeyinwa Nonye Okoye between July 14 and 17, 2024, under the guise of securing for her a six-bedroom detached duplex located at No. 1B, Tunbosun Osobu Street, off Kuboye Road, Lekki, Lagos.

The EFCC alleged that the representation was false and violated Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

The second charge accused the defendant of fraudulently converting the said N36m, property of the complainant, to personal use, contrary to Sections 383 and 390 of the Criminal Code Act.

The defendant, however, pleaded not guilty to the charges.

Following her plea, the prosecution urged the court to remand her in a correctional facility and fix a date for trial.

However, the defence counsel informed the court that the defendant had only been served with the charges on May 14, 2026, adding that efforts were ongoing to file her bail application.

He thereafter appealed to the court to allow the defendant remain in EFCC custody pending the perfection of her bail conditions.

Justice Dipeolu granted the request and ordered that Blessing CEO be remanded in EFCC custody.

The case was subsequently adjourned till June 5, 2026, for commencement of trial.

Continue Reading

Crime & Court

Nursing Mother Bags 20 Years For Terrorism Support, Illegal Possession of 302 Rounds Of AK-47 Ammunition

Published

on

A Federal High Court in Abuja on Thursday sentenced a woman, Halima Haliru Umar, to 20 years’ imprisonment for unlawful possession of 302 rounds of AK-47 live ammunition and attempting to support acts of terrorism.

Justice Hauwa Yilwa handed down the sentence after the defendant pleaded guilty to two counts in a four-count charge filed against her by the Department of State Services.

The DSS had arrested the convict in Plateau State and subsequently arraigned her before the court on March 11.

The prosecution reviewed the facts relating to counts three and four, to which the defendant pleaded guilty, prompting the court to adjourn for judgment.

Delivering judgment, Justice Yilwa held that the defendant, by pleading guilty, admitted to the facts presented by the prosecution and failed to provide any defence against the allegations.

The defence counsel, Hamza Dantani, had urged the court to temper justice with mercy, describing the convict as a first-time offender who was remorseful.

He further told the court that the defendant is a nursing mother of a one-year-old child who was arrested alongside her.

According to him, the defendant did not waste the time of the court as she admitted to the offences during arraignment.

Counsel for the prosecution, Caliistus Eze, also informed the court that there was no record of previous conviction against the defendant.

Justice Yilwa thereafter sentenced Umar to 20 years’ imprisonment on count three and one year on count four.

The judge adjourned the matter till July 9 for the commencement of trial on counts one and two, to which the defendant pleaded not guilty.

Continue Reading

Crime & Court

UNIBEN killing: Edo security squad arrests 12 suspected cultists, seals initiation centres

Published

on

Security operatives in Edo State have arrested 12 suspected cultists and sealed two apartments allegedly used as initiation centres during coordinated raids across parts of Benin City following the killing of a young man near the gate of the University of Benin.

The operation, code-named “Operation Flush Out Cultists and Kidnappers,” was carried out by the state’s Special Security Squad after the killing recorded on Sunday, May 10, 2026.

The development was disclosed in a statement issued on Tuesday by the Chief Press Secretary to Governor Monday Okpebholo, Patrick Ebojele.

According to the statement, the Chief Security Officer and Principal Security Officer to the governor led the raids conducted in Ekosodin, Isihor, Old Road off S&T Barracks, Airport Road, 19th Street Ugbowo, Ogba-Evbuodia and Evbuomore Quarters, all in Benin City.

Spokesman for the security squad, Noah Idemudia, alleged that some youth leaders within communities in the state were aiding violent crimes and harbouring criminal elements.

He said intelligence reports indicated that sophisticated weapons used in deadly attacks were often traced to communities across the state.

“Reports reaching us indicate that some persons are allegedly harbouring criminals. Intelligence reports also suggest that sophisticated weapons used in deadly attacks on citizens are allegedly sourced from communities.

“The governor is warning community leaders to maintain peace in their various communities and ensure that no unlicensed weapons are found in their possession, as they will be held liable and treated as criminals,” Idemudia said.

He, however, clarified that the 12 suspects arrested were not directly linked to the killing near the university gate.

According to him, the suspects were allegedly identified as members of different cult groups after security operatives reportedly discovered symbols, signs and other incriminating materials on them during the raids.

Idemudia added that the suspects had been handed over to the Anti-Cultism Unit of the Nigeria Police Force for profiling and further investigation.

Speaking on the properties sealed during the operation, he said one of the apartments was allegedly being used as a cult initiation centre.

He explained that operatives came under attack while attempting to arrest suspects at the location, forcing authorities to seal the premises and invite the property owner for questioning.

He added that another apartment raided allegedly contained shrines and fetish items scattered across several rooms, which investigators suspect were being used for initiation into different confraternities.

According to him, the owner of the property had also been invited for questioning by security agencies.

“The governor has warned those sponsoring cultism and violent killings in the state to desist immediately.

“Anyone found aiding criminality in Edo State will face the full weight of the law, as the state will no longer be conducive for criminal elements,” Idemudia added.

He also warned against unlawful gatherings, alleging that some cult groups were planning anniversary celebrations across the state.

Continue Reading

Advertisement

Entertainment

Advertisement

MegaIcon Magazine Facebook Page

Advertisement

MEGAICON TV

Advertisement

Trending