The Federal High Court, Abuja, has ordered the disclosure of the spending details of about $5 billion Abacha recovered funds by the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan, and Muhammadu Buhari.
The Freedom Of Information suit marked: FHC/ABJ/CS/407/2020 from which the order emerged was brought before the court by the Socio-Economic Rights and Accountability Project.
Dismissing the objections advanced by the FG, the justice held among others, that SERAP is entitled to the information on the spending details of about $5bn Abacha money, and need not show any special interest in the information sought.
Joined as defendants in the suit are the Minister of Finance and the Attorney General of the Federation and Minister of Justice.
Delivering judgement, Justice Omotosho granted the following orders of mandamus against the federal government compelling it (through the Ministry of Finance and the office of the Attorney General of the Federation and Minister of Justice) to provide and disclose the following information to SERAP: Exact amount of money stolen by General Sani Abacha from Nigeria, and the total amount of Abacha loot recovered and all agreements signed on same since the return of democracy in 1999 till date.
The court also directed the FG to disclose details of the projects executed with the recovered funds, locations of any such projects, and the names of companies and contractors that carried or are carrying out the projects.
Moreso, it ordered the disclosure of “details of specific roles played by the World Bank and other partners in the execution of any projects funded with Abacha loot since 1999.”
"Refer Refer any allegations of corruption involving the execution of projects with Abacha money to the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission for investigation.”
“Ensure that anyone involved in alleged corruption in projects executed with Abacha money is brought to justice if there is relevant and sufficient admissible.”
In his judgment, the Justice on July 3, held that “…the application by SERAP is meritorious and the Federal Government through the Ministry of Finance is hereby ordered to furnish SERAP with the full spending details of about $5bn Abacha loot within 7 days of this judgment.”
Justice Omotosho also held that “The excuse by the Minister of Finance is that the Ministry has searched its records and the details of the exact public funds recovered from Abacha and how the funds have been spent are not held by the Ministry. The excuse has no leg to stand in view of section 7 of the Freedom of Information Act.”
Justice Omotosho’s judgment, read in part: “The failure of the Minister of Finance to write to SERAP informing it of where the said information exists or to transfer the request to public office who has custody of such information is fatal to their case under section 5 of the Freedom of Information Act.”
“The Ministry cannot use a blanket statement that it was not in possession of the said records of about $5bn Abacha money sought by SERAP. The government failed to provide details of the projects executed with the money. It also failed to provide locations of the projects and the names of the companies and contractors that carried out or are carrying out the projects funded with the money.”
“I hold that by the clear wordings of section 7 of the Freedom of Information Act, 2011, access to information about spending details of $5bn Abacha loot was denied SERAP by the Federal Government.”
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