The Socio-Economic Rights and Accountability Project, (SERAP), has filed a lawsuit against President Muhammadu Buhari “over his failure to publish the names of those indicted in the alleged misappropriation of over N6 trillion in the running of the Niger Delta Development Commission, (NDDC), between 2000 and 2019, as documented in the recent Forensic Audit Report on NDDC”.
In the suit, filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, at the Federal High Court, Abuja, SERAP is seeking “an order of mandamus to direct and compel President Buhari to publish the names of those indicted in the alleged misappropriation of over N6trn in the running of the NDDC between 2000 and 2019.”
The suit, which has been assigned to Honourable Justice Binta Nyako at Court 2, is fixed for hearing on November 29th, 2021.
SERAP is also seeking “an order of mandamus to compel President Buhari to direct the Attorney-General of the Federation (AGF), and Minister of Justice, Abubakar Malami, (SAN), and appropriate anti-corruption agencies to bring to justice anyone suspected to be responsible for the missing N6trillion, and to fully recover any stolen public funds”.
The organisation argued that “It is in the public interest to promptly publish the names of those indicted in the audit report, and to ensure that they face prosecution, as appropriate”.
According to SERAP, “The public interest in publishing the names of those indicted by the audit report outweighs any considerations to withhold the information, as there would be no prejudice against those whose names are published as long as the information is appropriately framed and truthful.
“The Buhari administration has legal obligations under Section 15(5) of the Nigerian Constitution 1999 (as amended) to abolish all corrupt practices and abuse of power, and article 26 of the UN Convention against Corruption to ensure effective prosecution of allegations of corruption.
“The audit report raises prima facie evidence of grand corruption and its staggering effects in the Niger-Delta. Nigerians have the right to know the names of those indicted and other details in the report, as guaranteed under the African Charter on Human and Peoples’ Rights and the Freedom of Information Act”, SERAP further argued.
The rights agency also asserted that “Publishing widely the report and the names of those indicted would remove the possibility of obstruction of justice, and provide insights relevant to the public debate on the ongoing efforts to combat grand corruption and the longstanding impunity of perpetrators in the country”.
Furthermore, SERAP seeks “an order of mandamus to direct and compel President Buhari to “widely publish and make available to Nigerians the Forensic Audit Report on the Niger Delta Development Commission (NDDC) submitted to him on September 2, 2021”.
“Directing and compelling President Buhari to publish the names of those indicted in the report would advance the victims’ right to restitution, compensation and guarantee of non-repetition, as well as improve public confidence in the fight against corruption”, it stated.
Joined in the suit as Respondent is AGF, Abubakar Malami, (SAN).
