SERAP threatens to sue AGF over N6tn NDDC judgment

 

The Socio-Economic Rights and Accountability Project has threatened to sue the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN, for contempt over failure to enforce a court judgment concerning the alleged misappropriation of N6 trillion by the Niger Delta Development Commission.

In a letter dated December 13, the organisation urged Fagbemi to immediately enforce a judgment delivered on November 10, 2025, by Hon. Justice Gladys Olotu in Freedom of Information suit number FHC/ABJ/CS/1360/2021.

According to a statement signed and released on Sunday by SERAP’s Deputy Director, Kolawole Oluwadare, the court had directed Fagbemi and President Bola Tinubu to “widely publish the names of those indicted in the alleged misappropriation of 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 judgment also mandated the publication of “the NDDC forensic audit report submitted to the federal government on September 2, 2021.”

In the letter, SERAP said the failure to enforce the ruling “makes a mockery of the country’s legal and judicial processes and the rule of law.”

It cited Section 287(1) of the Nigerian Constitution, which requires that court decisions “shall be enforced in any part of the Federation by all authorities and persons,” adding that non-compliance constitutes a fundamental breach of both the letter and spirit of the Constitution.

SERAP warned that continued inaction could expose Fagbemi and the president to personal liability.

“The continuing failure to immediately obey Justice Olotu’s judgment exposes responsible officials to contempt proceedings, including personal liability,” the letter read.

The civil society group emphasised that the Attorney General, as the Chief Law Officer of the Federation, has a duty to uphold the Constitution, ensure compliance with judicial decisions, and act in the public interest.

“Justice Olotu’s judgment is not advisory; it is final, binding, and immediately enforceable against you and President Tinubu,” the letter stated.

SERAP further noted that failing to implement the judgment perpetuates corruption and impunity in ministries, departments, and agencies and undermines Nigeria’s international human rights obligations.

The organisation called for enforcement within seven days of the letter’s receipt, warning that failure to comply would lead to contempt action to compel adherence to the law.

“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter.

“If we have not heard from you by then, SERAP shall consider pursuing contempt proceedings against you to compel you to uphold the Nigerian Constitution and the rule of law,” it said.

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