In a recent judgment delivered on July 3, a Federal High Court in Abuja has ruled that the Nigerian government must reveal how the $5 billion Abacha loot was utilized. The court directed President Bola Tinubu’s administration to disclose the exact amount stolen by General Sani Abacha from Nigeria, the total sum of recovered Abacha loot, and all agreements pertaining to the matter signed by former presidents Obasanjo, Yar’Adua, Jonathan, and Buhari.
The suit, numbered FHC/ABJ/CS/407/2020, was filed by the Socio-Economic Rights and Accountability Project (SERAP) against the Minister of Finance and the Attorney General of the Federation and Minister of Justice. Presiding over the case, Judge James Kolawole Omotosho ordered the government, through the Ministry of Finance, to provide SERAP with comprehensive spending details of the approximately $5 billion Abacha loot within seven days of the judgment. Additionally, the government was mandated to disclose information about the projects executed using the recovered funds.
Judge Omotosho also instructed the government to reveal specific roles played by the World Bank and other partners in the implementation of projects funded by the Abacha loot under the administrations of former presidents Obasanjo, Yar’Adua, Jonathan, and Buhari.
The judge dismissed the former Minister of Finance, Ahmed Zainab’s excuse for not furnishing SERAP with the requested details under the Freedom of Information (FOI) Act. Omotosho stated that the ministry’s claim of not possessing information about the exact amount of public funds stolen by Abacha and how they were spent was untenable according to Section 7 of the FOI Act.
SERAP had approached the court after the former finance minister’s explanation, seeking to compel the government to provide the information. The judgment highlighted that the failure of the Minister of Finance to inform SERAP about the information’s existence or transfer the request to a relevant public office was detrimental to their case under Section 5 of the FOI Act.
The court ruled that the government’s statement that it was not in possession of the records related to the $5 billion Abacha loot sought by SERAP could not be accepted. The government failed to provide details about the projects funded by the money, including their locations and the names of the companies and contractors involved.
The Federal Government, represented by Abah Sunday, a Litigation Officer in the office of the Attorney General of the Federation, argued in a counter affidavit that SERAP’s suit was frivolous. The government contended that SERAP did not demonstrate that it had been denied the requested information and lacked sufficient interest in its application. It urged the court to dismiss the suit.
Disagreeing with the government’s position, the judge emphasized that citizens have the right to query transparency and accountability in governance, as they are the owners of sovereignty and the mandates that put leaders in power. The judge underscored that Section 1(2) of the FOI Act grants individuals the right to access information from any public institution in Nigeria. Since SERAP is a registered organization in Nigeria, it is entitled to the spending details of the approximately $5 billion Abacha loot without needing to demonstrate a special interest in the information sought.
This ruling aims to ensure transparency and hold the Nigerian government accountable for the utilization of recovered Abacha loot, shedding light on the projects funded by these funds and the involvement of external partners in their implementation.
