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In a significant ruling that reinforces the power of Nigeria's Freedom of Information Act, 2011, the Federal High Court in Abuja has compelled President Bola Tinubu to ensure full public disclosure of the forensic audit report on the Niger Delta Development Commission (NDDC) and the identities of individuals implicated in the alleged misappropriation of over N6 trillion. This judgment, delivered on November 10, 2025, by Justice Gladys Olotu in suit FHC/ABJ/CS/1360/2021, marks a pivotal moment in the fight for transparency and accountability in the management of public funds allocated for development in Nigeria's oil-rich Niger Delta region.
The case was initiated by the Socio-Economic Rights and Accountability Project (SERAP), a prominent civil society organization dedicated to promoting human rights and good governance. Filed in November 2021, the suit sought the release of the NDDC forensic audit report—submitted to the federal government on September 2, 2021—and the publication of names of those indicted for financial irregularities spanning 2000 to 2019. The audit, commissioned amid widespread allegations of corruption, documented massive mismanagement, including the abandonment of 13,777 projects intended to uplift the region through infrastructure, education, healthcare, and economic empowerment.
Justice Olotu's judgment unequivocally classified the forensic audit report and the names of the indicted persons as "public records" under Section 31 of the Freedom of Information Act. She emphasized that such information relates directly to the use and management of public funds and is therefore not protected by the exemptions outlined in Sections 11–19 of the Act. The court found that the refusal by President Tinubu and the Attorney General of the Federation to disclose or act on the report—despite SERAP's formal demands—constituted a clear breach of statutory duties. This violation extended beyond the FOI Act to Section 15(5) of the 1999 Nigerian Constitution (as amended), which mandates the state to abolish corrupt practices, and to Nigeria's international commitments to transparency and anti-corruption.
In her detailed reasoning, Justice Olotu underscored the non-discretionary nature of the obligations under the FOI Act. Section 2(3) requires public institutions to proactively publish information on finances and expenditures. She explained that the Act imposes a "clear, non-discretionary duty" on the President to make the report publicly available and disclose the indicted names. The court applied established principles for granting mandamus: SERAP demonstrated a legal right to the information, a corresponding duty on the respondents, a formal demand, and a refusal to comply. The judge affirmed that every citizen has the right to access information held by public officials, with only limited exemptions, none of which applied here.
The ruling granted two specific orders of mandamus:
- Directing President Tinubu to instruct the Attorney General to widely publish the names of those indicted in the alleged misappropriation of over N6 trillion in NDDC operations and the abandoned projects between 2000 and 2019, as documented in the forensic audit.
- Compelling the President to publish and make the full NDDC forensic audit report—submitted on September 2, 2021—available to the public without delay.
SERAP's deputy director, Kolawole Oluwadare, hailed the decision as a "ground-breaking judgment" and a triumph for transparency in public spending. He stressed the urgent need for the Tinubu administration to lead by example in ensuring accountability for the missing funds, which were meant to address chronic underdevelopment in the Niger Delta. Oluwadare commended Justice Olotu's courage and wisdom, urging immediate compliance to prevent further erosion of public trust.
Renowned human rights lawyer Femi Falana (SAN) echoed these sentiments, praising SERAP for undertaking one of Nigeria's most patriotic public interest litigations. He described the judgment as upholding the public's right to know the fate of N6 trillion in oil-derived revenues documented in the audit. Falana called on the administration to demonstrate genuine commitment by publishing the report promptly, prosecuting suspects, and recovering stolen funds. He warned that any delay would undermine the anti-corruption crusade and the rule of law, declaring that "the time for secrecy over the names of those indicted and the report itself is over."
Following the judgment, SERAP wrote to President Tinubu on November 22, 2025, urging swift obedience. The letter, signed by Oluwadare, appealed to the President's expressed commitment to the rule of law. It requested immediate direction to the Attorney General to publish the indicted names and the full report. SERAP framed compliance as essential for building institutional legality and breaking from past opacity in governance.
The NDDC, established to foster rapid development in the Niger Delta—Nigeria's oil-producing heartland—has long been dogged by controversy. The region, home to states like Rivers (including Port Harcourt), Bayelsa, Delta, and others, suffers from environmental degradation, poor infrastructure, and poverty despite vast oil wealth. The abandoned projects—ranging from roads and schools to hospitals and power facilities—symbolize unfulfilled promises, directly impacting access to basic services and human rights.
This judgment arrives amid heightened scrutiny of public institutions and demands for fiscal responsibility. It reinforces the FOI Act as a vital tool for citizens and organizations to hold leaders accountable. Non-compliance could trigger further legal action, including contempt proceedings, as SERAP has signaled in subsequent communications.
The ruling's implications extend beyond the NDDC: it sets a precedent for disclosure in other high-stakes audits and strengthens civil society's role in combating corruption. For millions in the Niger Delta, publication could pave the way for investigations, recoveries, and renewed development efforts. As Nigeria grapples with economic challenges and public disillusionment, decisions like this highlight the judiciary's role in safeguarding democratic values.
In the weeks following the November 10 decision, attention has shifted to the federal government's response. Observers await whether the administration will comply promptly or face escalated challenges. The certified true copy of the judgment, obtained shortly after delivery, serves as concrete evidence of the court's directive. This case underscores that transparency is not optional but a constitutional imperative—one that could redefine accountability in Nigeria's governance landscape.
