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THE Federal High Court sitting in Abuja, in a landmark judgment, has ordered President Bola Tinubu to direct the office of the Attorney General of the Federation and Minister of Justice to publish the names of those indicted in the alleged misappropriation of over N6 trillion meant to implement the abandoned 13,777 projects and in the running of the Niger Delta Development Commission (NDDC) between 2000 and 2019.
The court also ordered the President to publish the NDDC forensic audit report, which was submitted to the Federal Government on September 2, 2021.
The judgment was delivered by Justice Gladys Olotu, following a Freedom of Information suit number: FHC/ABJ/CS/1360/2021, brought by the Socio-Economic Rights and Accountability Project (SERAP).
In her judgment, Justice Olotu held that the forensic audit report of the NDDC, as well as the names of people indicted therein, clearly fall within the definition of ‘public records’ as contained in Section 31 of the Freedom of Information Act.”
Justice Olotu also held that the NDDC forensic audit report and the names of persons indicted therein are not exempted under Sections 11-19, as the information relates to the use and management of public funds.
She also stated that the refusal of the President and the Attorney General to publish the audit report or act on the allegations therein, despite formal demand by SERAP, constitutes a breach of their statutory duties under the Freedom of Information Act, Section 15(5) of the Nigerian Constitution 1999 (as amended), and Nigeria’s international obligations to promote transparency and accountability.
The Judge added: “Section 2(3) of the Freedom of Information Act mandates all public institutions to publish certain categories of information, including details of finances and expenditures.
“Applying these principles, the Freedom of Information Act imposes on the President a clear, non-discretionary duty to make the NDDC forensic audit report available to the public and publish the names of those indicted in the report.
“It is trite law that for an order of mandamus to issue, SERAP must establish (a) a clear legal right to the performance of a duty, (b) a corresponding duty on the President and the Attorney General to perform that duty, (c) a demand for the performance of the duty, and (d) a refusal or neglect to perform same.
“Every person has the right to access information in the custody of any public official or institution, and such institution is under a statutory duty to grant access, except where the information falls within the limited exemptions set out under Sections 11-19 of the Act,” she held.
