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Obasanjo, Yar’Adua, Jonathan, Buhari’s Govts must Account for $5bn Abacha Loot – Court

The Federal High Court sitting in Abuja, in a landmark judgment, has ordered the disclosure of the spending details of about USD$5 billion Abacha loot by the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari.”
The court ordered the government of President Bola Tinubu to “disclose the 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 by the governments of former presidents Obasanjo, Yar’Adua, Jonathan and Buhari.”
The judgment was delivered last week by Justice James Kolawole Omotosho following a Freedom of Information suit number: FHC/ABJ/CS/407/2020, brought by the Socio-Economic Rights and Accountability Project (SERAP).
In his judgment, Justice Omotosho held that, “In the final analysis, 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 ordered the government to “disclose details of the projects executed with the Abacha loot, locations of any such projects and the names of companies and contractors that carried or carrying out the projects since the return of democracy in 1999 till date.”
Justice Omotosho also ordered the government to “disclose details of specific roles played by the World Bank and other partners in the execution of any projects funded with Abacha loot under the governments of former presidents Obasanjo, Yar’Adua, Jonathan and Buhari.”
Justice Omotosho also stated that, “The excuse by the Minister of Finance is that the Ministry has searched its records and the details of the exact public funds stolen by 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 dismissed all the objections raised by the Federal Government and upheld SERAP’s arguments. Consequently, the court entered judgment in favour of SERAP against the Federal Government.
Justice Omotosho’s judgment, dated 3 July, 2023, 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 loot 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.”
“The Federal Government had filed a 14 paragraph Counter Affidavit deposed to by Abah Sunday, Litigation Officer in the office of the Attorney General of the Federation argued that SERAP’s suit is frivolous, as it has not shown that the government denied it the information it seeks.”
“The Federal Government has also stated that SERAP has not established sufficient interest in its application. The government urged the Court to dismiss the suit.”
“For the sake of emphasis, possession of locus standi has been the bane of the citizens’ advocates, in the public interest litigation, to query transparency and accountability in governance in Nigeria.”
“In a democratic dispensation, such as in Nigeria, the citizens have been proclaimed the owners of sovereignty and mandates that place leaders in the saddle.”
“The requirement is a serious fracture of the citizens’ inalienable right to ventilate their grievances against poor governance vis-à-vis expenditure of public funds generated from their taxes.”
“The sacrosanct provision of Section 1(2) of the Freedom of Information Act, which has ostracised this disturbing requirement, has, admirably, remedied the harmful mischief appurtenant to it.”
“Clearly, section 1 gives a person the right to access any information from any public institution in Nigeria. SERAP is an organization registered in Nigeria and thus a juristic person. As a juristic person, SERAP need not show any specific interest in the spending details of about $5bn Abacha loot to be entitled to the same.”
“I therefore hold that SERAP is entitled to the information on the spending details of about $5bn Abacha loot, and need not show any special interest in the information sought.”
“The provision of Section 4 of the Freedom of Information Act is quite clear and mandates that public institution or public officer such as the Minister of Finance and the Attorney General of the Federation and Minister of Justice must make available the information requested within 7 days of the request.”
In the letter dated 8 July 2023 sent to President Tinubu on the judgment, and signed by SERAP deputy director, Kolawole Oluwadare, the organization said, “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.”
SERAP’s letter, read in part: “We urge you to direct the Ministry of Finance and the office of the Attorney General of the Federation to immediately compile and release the spending details of recovered Abacha loot as ordered by the court.”
The immediate enforcement and implementation of the judgment by your government will be a victory for the rule of law, transparency and accountability in the governance processes and management of public resources including the $5bn Abacha loot.”
“By immediately complying with the judgment, your government will be demonstrating to Nigerians that it is different from the Buhari government, which persistently and brazenly defied the country’s judiciary, and sending a powerful message to politicians and others that there will be no impunity for grand corruption.”
“Immediately implementing the judgment will restore trust and confidence in the independence of Nigeria’s judiciary. SERAP urges you to make a clean break with the past and take clear and decisive steps that demonstrate your commitment to the rule of law, transparency and accountability in the governance processes.”
SERAP trusts that you will see compliance with this judgment as a central aspect of the rule of law; an essential stepping stone to constructing a basic institutional framework for legality and constitutionality. We therefore look forward to your positive response and action on the judgment.”
Joined as defendants in the suit are the Minister of Finance and the Attorney General of the Federation and Minister of Justice.
Justice Omotosho granted the following orders of mandamus against the Nigerian government:
AN ORDER OF MANDAMUS is hereby made directing and compelling the Federal Government [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:
[a] 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.
[b] Details of the projects executed with the recovered funds, locations of any such projects and the names of companies and contractors that carried or carrying out the projects
[c] Details of specific roles played by the World Bank and other partners in the execution of any projects funded with Abacha loot since 1999
AN ORDER OF MANDAMUS is hereby made directing and compelling the Federal Government to:
[a] Refer any allegations of corruption involving the execution of projects with Abacha loot to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for investigation
[b] Ensure that anyone involved in alleged corruption in projects executed with Abacha loot is brought to justice if there is relevant and sufficient admissible evidence
News
Dangote Feeds 40,000 Families in Borno

No fewer than 40,000 families may benefit from the Aliko Dangote Food Intervention Programme.
Borno State Governor Prof. Babagana Umara Zulum said the donation of 40,000 bags of 10kg rice to the people of Borno State by the Aliko Dangote Foundation(ADF) will help cushion economic hardship in these families.
The Governor made the statement at the flag-off of the Food Intervention Programme on Wednesday in Maiduguri, Borno State capital.
The Aliko Dangote Foundation penultimate week commenced the distribution of one million bags rice worth N16billion across the 774 local government areas in Nigeria.
The Governor was represented by the Director General of Borno State Emergency Management Agency(SEMA) Mr. Ali Abdullahi Isa.
He said: “Today marks a significant milestone in our collective efforts to alleviate the suffering of our people, particularly during the holy month of Ramadan.”
The Governor said the generous donation is a testament to the Foundation’s commitment to supporting vulnerable communities and promoting social welfare.
“We are deeply thankful to Alhaji Aliko Dangote and the entire foundation for their kindness and philanthropy.
”He urged the people of Borno State to continue to pray for peace, stability, and prosperity of the state and country.
In his early remarks, representative of the Aliko Dangote Foundation, Mr. Usman Muhammad, said the gesture is aimed at supporting government effort, adding that the Foundation focuses on improving the living conditions of Nigerians.
Mr. Muhammad said the donation is targeted at the poor and the vulnerable persons in the State.
A beneficiary, Ms Aisha Modu, 50, said as a displaced person, the donation of rice by the ADF will go a long way in alleviating her economic hardship.
In the same vein, another beneficiary, Umaru Aliyu, 60, said he will use the rice to feed his six children, while praying God to continue to bless the chairman of the Aliko Dangote Foundation.
News
JUST IN: Tinubu commiserates with Florence Ajimobi over daughter’s death

President Bola Tinubu has expressed condolences to Mrs. Florence Ajimobi, wife of the late former Governor of Oyo State, Senator Abiola Ajimobi, over the passing of her daughter, Mrs. Bisola Kola-Daisi.
In a statement issued on Friday and signed by his Special Adviser on Information and Strategy, Bayo Onanuga, the President described the death as an unexpected and heartbreaking loss.
“In a poignant conversation with the bereaved mother on Thursday, President Tinubu conveyed his deep sympathy to the family during this time of profound loss, acknowledging the unexpected and heart-wrenching departure of a cherished daughter, devoted wife, and mother of three,” the statement read.
The President also extended his prayers and support to Mrs. Kola-Daisi’s husband, family, friends, and associates, describing the deceased as warm-hearted, industrious, and charitable.
Highlighting her achievements, Tinubu noted her contributions as a successful businesswoman and trusted public servant.
“Her wise counsel in budgeting and finance was invaluable,” the statement added.
Tinubu prayed for divine comfort and strength for the bereaved family while asking God to grant the deceased eternal rest.
“President Tinubu prayed for Almighty God’s grace to receive her soul and provide comfort and strength to her survivors,” Onanuga stated.
Mrs. Kola-Daisi’s passing has been met with widespread condolences from family, friends, and political associates, many of whom have described her as a compassionate leader and dedicated professional.
News
Governor Oyebanji Raises State’s monthly Subvention By N438.9 million
Similarly, the Governor has also approved payment of the outstanding 2020 leave bonus to local government workers

Ekiti State Governor, Mr Biodun Oyebanji has approved a major increment in the monthly subvention to the Judiciary and the legislative arm of government as well as the subvented institutions in the state.
The increment which amounts to N438.9 million monthly is to enable the institutions take care of the new minimum wage and the attendant consequential adjustment for workers.
In a statement,Olayinka OyebodeSpecial Adviser (Media) to the Governor, disclosed that the
beneficiaries of the increment include the Ekiti State Customary Court of Appeal, Ekiti State High Court of Justice; Ekiti State Judicial Service Commission, and Ekiti State House of Assembly Service Commission.
Others are Ekiti State University, Ado-Ekiti, (EKSU); Ekiti State University Teaching Hospital (EKSUTH); Bamidele Olumilua University of Education, Science and Technology (BOUESTI), Ikere Ekiti; Ekiti State Polythecnic, Isan Ekiti; College of Health Technology, Ijero-Ekiti and Non Academic Staff Union of Educational and associated Institutions.
Similarly, the Governor has also approved payment of the outstanding 2020 leave bonus to local government workers, in fulfilment of his promise to defray all outstanding entitlements of workers inherited from previous administrations.
While restating the commitment of his administration to the wellbeing and welfare of workers and retirees, Governor Oyebanji says efforts are being made to ensure payment of all outstanding entitlements including gratuities in line with the continuity and shared prosperity agenda of the government.
He urges workers in the state to remain focused on excellent service delivery and to see themselves as strategic stakeholders in the Ekiti Project.
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