The Federal High Court in Abuja has delivered a landmark judgment ordering President Bola Tinubu to direct the Attorney General of the Federation and Minister of Justice to publicly release the names of individuals indicted in the alleged misappropriation of more than N6 trillion allocated to the Niger Delta Development Commission (NDDC) between 2000 and 2019.

The ruling also compels the government to publish the full NDDC forensic audit report, which was submitted to the federal government on September 2, 2021.

The judgment, delivered on November 10 by Justice Gladys Olotu, followed a Freedom of Information (FOI) suit filed in 2021 by the Socio-Economic Rights and Accountability Project (SERAP), marked FHC/ABJ/CS/1360/2021. SERAP obtained the certified true copy of the judgment last Friday.

Court: Audit Report Is Public Information

Justice Olotu held that both the NDDC forensic audit report and the list of those indicted fall squarely under “public records” as defined in Section 31 of the FOI Act. She ruled that the documents cannot be concealed under any of the exemptions in Sections 11–19 of the Act because they relate to the use and management of public funds.

She stated:

• “The refusal of the president and the Attorney General to publish the audit report or act on the allegations therein, despite formal demand by SERAP, constitutes a breach of their statutory duties.”
• Their failure, she held, also violates Section 15(5) of the 1999 Constitution (as amended), which mandates the government to combat corruption, as well as Nigeria’s international obligations to promote transparency.

According to the judge, the law imposes a non-discretionary duty on the president to make the report public, citing Section 2(3) of the FOI Act, which requires all public institutions to publish details of finances and expenditures.

She further noted that SERAP had met all requirements for an order of mandamus, having established a legal right to the information, a corresponding duty on the government, a formal demand, and a refusal to comply.

SERAP, Falana React

SERAP’s deputy director, Kolawole Oluwadare, hailed the judgment as “ground-breaking” and a major victory for transparency in the handling of public funds.

Human rights lawyer Femi Falana, SAN, also praised the ruling, describing SERAP’s legal action as “one of the most patriotic public interest cases ever undertaken in Nigeria.”

Falana said:

“This judgment upholds the public’s right to know what happened to the N6 trillion oil money documented in the audit report. The Tinubu administration must now show real commitment to transparency by publishing the report and prosecuting those indicted.”

He warned that delays in implementing the judgment would undermine the fight against corruption and the rule of law.

SERAP Writes Tinubu Demanding Immediate Compliance

In a letter dated November 22, 2025, SERAP urged President Tinubu to obey the judgment and direct the Attorney General to release the names of all persons implicated in the looting of funds meant for 13,777 abandoned NDDC projects, as well as the full forensic audit report.

The organization urged the president to “make a clean break with the past” and demonstrate genuine commitment to accountability.

Background

SERAP filed the suit in November 2021, seeking public disclosure of:

• the names of all persons indicted in the alleged N6 trillion misappropriation, and
• the full forensic audit report detailing corruption in the NDDC from 2000 to 2019.

The court has now compelled the government to comply.