Our Reporter, Abuja
The Socio-Economic Rights and Accountability Project (SERAP), alongside four concerned Nigerians, has filed a lawsuit against the administration of President Bola Tinubu at the ECOWAS Community Court of Justice in Abuja, accusing the government of withholding a forensic audit report that allegedly documents the disappearance of N6 trillion from the Niger Delta Development Commission (NDDC) between 2001 and 2019. The suit, filed last Friday and marked ECW/CCJ/APP/35/25, seeks to compel the government to publish the report and address transparency issues in the NDDC’s operations.
The forensic audit, commissioned in 2019 by the late former President Muhammadu Buhari, was intended to investigate widespread allegations of grand corruption within the NDDC.
The report, submitted to the government in September 2021, reportedly indicts high-ranking officials and politicians for the alleged misappropriation of N6 trillion and the abandonment of over 13,000 projects in the Niger Delta. Despite its completion, the report remains unpublished, prompting accusations of a deliberate cover-up.
SERAP, joined by plaintiffs Prince Taiwo Aiyedatiwa, Chief Jude Igbogifurotogu Pulemote, Ben Omietimi Tariye, and Princess Elizabeth Egbe, argues that the government’s refusal to release the report violates Nigeria’s international human rights obligations, particularly the public’s right to access information. The plaintiffs assert that this secrecy perpetuates impunity and obstructs justice for victims of corruption in the Niger Delta.
In the suit, the plaintiffs are seeking a court declaration that the Nigerian government’s failure to publish the NDDC forensic report breaches its obligations under international human rights treaties, including Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, both ratified by Nigeria. They also demand an order compelling the government to immediately publish the report and implement measures to address transparency and accountability gaps in NDDC’s financial management.
“The Nigerian government has violated our right to know the truth about the corruption allegations documented in the NDDC forensic report,” the plaintiffs stated.
“The obstruction of the publication of the report is perpetrating impunity and the cover-up of the allegations documented in the report.”
They further argue that access to the report is critical for public participation in governance, stating, “Implicit in freedom of expression is the public’s right to open access to information and to know what governments are doing on their behalf, without which truth would languish and people’s participation in government would remain fragmented and illusory.”
The lawsuit highlights specific allegations of mismanagement, including a claim by the Minister of the Federal Capital Territory, Nyesom Wike, that the wife of a former minister received N48 billion over 12 months under the guise of “training Niger Delta women.” The plaintiffs contend that the government’s failure to provide any justification for withholding the report undermines the rule of law and denies citizens the ability to hold officials accountable.
SERAP’s legal team, comprising Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo, emphasized the public interest in disclosing the report, noting that it is not classified information and relates directly to transparency, accountability, and human rights.
“The Nigerian government has the legal obligation to guarantee access to information regarding the NDDC forensic report as a component of the right to seek, receive, and impart information of all kinds,” the suit reads.
The plaintiffs warn that the continued secrecy surrounding the report not only shields those implicated but also exacerbates the socio-economic challenges in the Niger Delta, where corruption has left public schools, healthcare facilities, and other infrastructure in disrepair.
No date has been set for the hearing of the suit.
