A Federal High Court in Abuja has issued a directive to investigate the allocation and utilization of the $5 billion Abacha loot by former Nigerian leaders, namely Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan, and Muhammadu Buhari. The court ruling also includes an order for the government to reveal the exact amount embezzled during General Sani Abacha’s regime and disclose any agreements made by previous administrations. This decision was made following a Freedom of Information suit brought forth by the Socio-Economic Rights and Accountability Project (SERAP), with the Minister of Finance and the Attorney General of the Federation and Minister of Justice named as defendants.
Justice James Kolawole Omotosho, presiding over the case, deemed the application by SERAP meritorious, commanding the Federal Government, through the Ministry of Finance, to provide SERAP with a comprehensive breakdown of the approximately $5 billion Abacha loot within seven days of the ruling. The judge further ordered the government to disclose specifics about projects executed with the recovered funds, including their locations, the names of companies involved, and the contractors engaged since the restoration of democracy in 1999.
Additionally, the judge mandated the government to publish the specific roles played by the World Bank and other partners in the execution of any project funded by the looted money. The objections raised by the government were dismissed, and the court ruled in favor of SERAP.
Justice Omotosho stated that the government’s failure to communicate the existence of the requested information or transfer the request to the relevant public office, as required by Section 5 of the Freedom of Information Act, undermined their case. The judge emphasized that the ministry could not simply claim ignorance regarding the $5 billion Abacha loot records sought by SERAP, as the government had failed to provide detailed information about the projects funded by the money, including their locations and the names of the companies and contractors involved.
Highlighting Section 7 of the Freedom of Information Act, 2011, the judge affirmed that the Federal Government had denied SERAP access to information regarding the spending details of the $5 billion Abacha loot. The government had filed a counter affidavit contending that SERAP’s suit lacked merit and that the organization had not proven that the government had denied them the requested information. The government urged the court to dismiss the suit.
However, Justice Omotosho emphasized that citizens in a democratic society, like Nigeria, have the right to question the transparency and accountability of their leaders in governance, as they are the owners of sovereignty and the ones who place leaders in power.
Prominent lawyer Femi Falana welcomed the judgment, acknowledging its relevance given the economic hardship faced by Nigeria’s impoverished population due to the actions of a reckless ruling class. Falana commended the court’s decision to reveal the specific roles played by the World Bank and other partners in the mismanagement of the Nigerian economy, and he emphasized that the ruling is a vital step towards combating corruption and fostering transparency. He urged the Tinubu administration to comply with the judgment and hold former Presidents Obasanjo, Yar’Adua, Jonathan, and Buhari accountable without any further delays.
