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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
The 2027 presidential election in Nigeria is shaping up to be a crucial contest between the ruling All Progressives Congress (APC) and a potential coalition of opposition parties. Several hurdles need to be overcome for the opposition coalition to succeed.
The political class is already preparing for this quadrennial event, holding consultations, meetings, negotiations, among other contending factors.
The ruling party, The All Progressive Congress, appears to be the most beautiful bride at the moment as members of other opposition parties have been courting the party, in a gale of defections, in what many political pundits and analysts described as a political tsunami.
While the APC seems to be enjoying the foray of defections by other party members into their fold, the main opposition party, The Peoples Democractic Party, PDP, appears to have lost its steam in the run of play.
The once dominant party is plagued by a series of internal crises which many political analysts believe will be the party’s undoings.
The once largest political party in Africa and oldest in Nigeria since it was created in 1998 by some elder statesmen, is now a shadow of itself, living in past glory and trying to win its way back to national prominence.
Already, some past and present leaders of the party have been consulting, negotiating, discussing, even though they have agreed yet, all in a bit to wrestle power from the stronghold of the Bola Tinubu-Led APC at the centre.
Former Vice President Atiku Abubakar, Former Presidential Candidate of the Labour Party in the 2023 General elections, Peter Obi, former Governor of Kaduna state, Nasir El-Rufai, among other bigwigs, are believed to be in talks with one another of how to build a possible coalition to edge the ruling APC in the power game.
Although, no concrete decision has been reached by the major actors, their negotiations and their inability to reach a consensus remain critical factors that might endanger the birth of a viable coalition.
Factors like who will step down for who as the realignment begins, remains a major issue, taking into consideration their individual experiences, exposures, skills, knowledge, capacities and egos.
Except this issue is resolved in the run up to the 2027 presidential polls, it will be a mirage for them to unseat the Tinubu-Led government.
While the running party is busy strategizing ahead of the 2027 presidential polls, the other parties are still grappling with their internal crisis.
Some analysts believe that Atiku’s past experience as Vice President under the regime of Olusegun Obasanjo, might give him an edge, while others think Peter Obi’s popularity in the South could bring a geographical balance to the ticket.
For them to form a strong force against the APC, then, they must find common platform and agree on a candidate, which might be challenging given their different ideologies and interest.
Other factors which some political analysts have highlighted that may pose as a stumbling block agents the coalition is the timing. The time between and 2027 is quite a short time for the coalition to gather and make the desired impact.
This of course, is no brainer. Any merger of alliance must be arranged within a reasonable timeframe to be effective. Also, the coalition will have to convince the Nigerian voting public of its purpose and demonstrate a clear vision for the country’s future, particularly in the area of addressing the economic misfortunes of majority of the people. Another hurdle that would be staring the coalition in the face remains the issue of power rotation.
While the south believe it’s that turn to complete their second term in 2027, the north on the other hand argue that they have been short-changed in the governance structure of the country – in terms of number of years – since the return of democracy in 1999.
Out of the total 26 years, the north has ruled for 11 years, with the south 15 years. The issue remains a key factor that would affect the coalition to birth.
The coalition, must as a matter of urgency, decency decide on this unwritten agreement about rotating power between the North and the South, potentially present a southern for one term to allow the South to complete its own two terms for the office of the president.
In conclusion, the coalition, if it really wants to win power in 2027, must make a compelling case for itself, highlighting its unique strengths and vision, rather than just criticizing the incumbent.
It needs to differentiate itself and show Nigerians that it has a better alternative.
Emeka Monye Is A Journalist And Works With ARISE NEWS.
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Mauritania’s Tah succeeds Adesina as 9th AfDB President
Tah was elected to succeed Adesina after rounds of voting conducted by the AfDB Board of Governors during the Bank’s Annual Meetings held in Abidjan, Côte d’Ivoire.
Mauritania’s Sidi Ould Tah has been elected as the ninth president of the African Development Bank Group (AfDB) as Nigeria’s Akinwumi Adesina prepares to bow out.
The Bank announced his election on its website on Thursday.
Adesina’s 10-year tenure will end this year and Tah is expected to assume office on September 1, 2025.
Tah was elected to succeed Adesina after rounds of voting conducted by the AfDB Board of Governors during the Bank’s Annual Meetings held in Abidjan, Côte d’Ivoire.
The Board comprises finance ministers and central bank governors from the Bank’s 81 member countries.
The Court of Appeal in Abuja has affirmed Monday Okphebholo as duly elected in the September 21, 2024 Edo Governorship polls, as it affirms the decision of the Tribunal which on April 2 dismissed the petition of Asue Ighodalo of the People’s Democratic Party (PDP) for lacking merit.
A three-man panel of the Appeal court, presided over by Justice Mohamed Danjuma, restated the position of the Tribunal which held that the PDP failed to provide sufficient and credible evidence to substantiate their claims of electoral malpractice, irregularities, and non-compliance with the Electoral Act.
The panel held that the PDP failed to provide sufficient and credible evidence to substantiate their claims of electoral malpractice, irregularities, and non-compliance with the Electoral Act.
The Appellate Court agrees with the Tribunal that the Bimodal Voter Accreditation System (BVAS) Machines which the appellants tendered were merely ‘dumped’ as they weren’t demonstrated to prove overvoting.
This the Court held after it earlier expunged the 133 BVAS machines admitted in evidence at the Tribunal stage of the Governorship tussle.
Ighodalo and the PDP were further faulted by the Appellate Court for failing to tender the voter register to prove overvoting.
The Court further adds that BVAS extract doesn’t constitute items with which to prove overvoting. It says the documents tendered by the PDP at the Tribunal did not, on their own, prove overvoting, non-holding or cancellation of elections at the polling units.
To further puncture the case of the PDP, the panel says the 19 witnesses called by the appellants during the Tribunal hearing didn’t help their case.
It says the majority of them did not witness what they spoke about. Moreso, it adds they were insufficient to prove irregularities in polling stations at over 4,000 locations.
Nigeria’s electoral body, INEC, had declared Okpebholo the winner with 291,667 votes, against Asue Ighodalo of the PDP who garnered 247,274 votes.
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