The Socio-Economic Rights and Accountability Project (SERAP) has issued a stern warning to Lateef Fagbemi, the Attorney General of the Federation and Minister of Justice, demanding immediate enforcement of a landmark Federal High Court judgment that compels him and President Bola Tinubu to publicly disclose the names of individuals indicted in the alleged misappropriation of over N6 trillion allocated to the Niger Delta Development Commission (NDDC) between 2000 and 2019. The funds were intended to execute 13,777 abandoned projects in Nigeria's oil-rich Niger Delta region, a zone plagued by chronic underdevelopment, environmental degradation, and socioeconomic deprivation despite its vast petroleum resources.
The judgment, delivered on November 10, 2025, by Justice Gladys Olotu of the Federal High Court in Abuja in suit FHC/ABJ/CS/1360/2021, arose from a Freedom of Information (FOI) suit filed by SERAP. The court ordered the publication and public availability of the NDDC forensic audit report, submitted to the federal government on September 2, 2021, and the disclosure of the names of those implicated in financial irregularities. Justice Olotu ruled that the audit report and indicted names qualify as “public records” under Section 31 of the Freedom of Information Act, 2011, and are not shielded by the exemptions in Sections 11–19, as they pertain to the management of public funds. She further declared that the refusal to disclose—despite SERAP’s formal demands—breached statutory duties under the FOI Act, Section 15(5) of the 1999 Constitution (as amended), and Nigeria’s international obligations to uphold transparency and combat corruption.
In a strongly worded letter dated December 13, 2025, signed by SERAP deputy director Kolawole Oluwadare and addressed to the Attorney General, the organization condemned the ongoing failure to acknowledge or implement the judgment. SERAP described the non-compliance as “a mockery of the country’s legal and judicial processes and the rule of law.” The letter invoked Section 287(1) of the Constitution, which mandates that court decisions “shall be enforced in any part of the Federation by all authorities and persons,” with no exceptions or ambiguity.
SERAP argued that the persistent refusal to obey the judgment represents a “fundamental breach of both the letter and spirit of the Nigerian Constitution” and a “direct assault on the rule of law.” The organization warned that such defiance exposes responsible officials to contempt proceedings, including potential personal liability. The letter emphasized the Attorney General’s role as the Chief Law Officer of the Federation, responsible for upholding the Constitution, advising the government to align actions with judicial decisions, and acting in the public interest. Despite the judgment being served on both the President and the Attorney General, SERAP noted that compliance has been neglected or refused, treating the court’s directive as merely advisory rather than final, binding, and immediately enforceable.
The letter further highlighted broader implications: the failure to enforce the judgment perpetuates corruption and impunity within ministries, departments, and agencies (MDAs), undermines public trust, and contradicts Nigeria’s international human rights commitments. SERAP stressed that obeying the ruling would demonstrate respect for the rule of law, reinforce constitutional supremacy, and show the Tinubu administration’s willingness to end years of impunity for corruption. It would also restore confidence in the government’s ability to manage national wealth and natural resources transparently, particularly in the NDDC, which has long been criticized for inefficiency and graft.
Quoting the Supreme Court’s landmark decision in Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621, SERAP reminded the Attorney General that “the rule of law presupposes that the state is subject to the law” and that “the government should be the first to obey the law.” The court had warned that a government disobeying court orders “invites anarchy.” SERAP described the current situation as unacceptable, accusing the Attorney General and the administration of taking the judiciary “for a ride” and undermining the integrity of Nigeria’s legal system.
The letter concluded with a seven-day ultimatum: SERAP demanded that the recommended measures—full enforcement of the judgment—be taken within seven days of receipt or publication. Failure to respond or comply would lead SERAP to pursue contempt proceedings to compel adherence to the Constitution and the rule of law.
Justice Olotu’s original judgment explicitly affirmed the public nature of the NDDC forensic audit. She held that the report and indicted names relate directly to public fund usage and are therefore not exempt from disclosure. The refusal to publish or act on the allegations, despite SERAP’s demands, violated core FOI principles and constitutional duties to promote transparency and accountability.
SERAP linked the issue to President Tinubu’s public commitments to improve welfare in the Niger Delta and address regional challenges. Immediate enforcement of the judgment, the organization argued, would align with these pledges by ensuring accountability for the billions spent—or allegedly misspent—on abandoned infrastructure, roads, schools, hospitals, and power projects that could have transformed lives in states like Rivers, Bayelsa, Delta, and Akwa Ibom.
The NDDC, established to fast-track development in the Niger Delta, has faced persistent criticism for mismanagement of oil-derived funds. The forensic audit, initiated amid scandals, revealed systemic irregularities that left thousands of projects incomplete, exacerbating poverty, unemployment, youth restiveness, and environmental crises in the region. For communities in Port Harcourt and across Rivers State, the abandoned projects symbolize broken promises, with residents enduring poor roads, unreliable electricity, and limited access to healthcare and education despite the region’s contribution to national revenue.
This latest development underscores the ongoing tension between judicial authority and executive compliance in Nigeria. SERAP’s threat of contempt proceedings reflects a growing frustration among civil society groups over selective enforcement of court orders, particularly in high-profile corruption cases involving public institutions. The organization’s letter serves as both a call to action and a reminder that the rule of law demands equal application—no one, including the highest officials, is above judicial decisions.
As the seven-day deadline approaches, public attention remains fixed on the Attorney General’s office and the presidency. Compliance would signal a renewed commitment to transparency and anti-corruption reforms. Non-compliance risks escalating legal battles, further erosion of public trust, and potential international scrutiny of Nigeria’s adherence to governance standards.
The saga of the NDDC forensic audit continues to highlight the critical role of the Freedom of Information Act in empowering citizens and organizations to demand accountability. For the Niger Delta, full disclosure could pave the way for investigations, asset recovery, project revival, and genuine development—outcomes long overdue in a region that has borne the environmental and social costs of Nigeria’s oil wealth.
