Court Orders Publication of NDDC Forensic Audit Report and Names of Indicted Persons
In a landmark judgment, the Federal High Court sitting in Abuja has directed President Bola Tinubu to order the Attorney General of the Federation and Minister of Justice to publish the names of individuals indicted in the alleged misappropriation of over ₦6 trillion earmarked for 13,777 abandoned projects and the running of the Niger Delta Development Commission (NDDC) between 2000 and 2019.
The Court further ordered the President to make public the NDDC forensic audit report submitted to the Federal Government on 2 September 2021.
Delivering judgment in suit number FHC/ABJ/CS/1360/2021, filed by the Socio-Economic Rights and Accountability Project (SERAP), Hon. Justice Gladys Olotu held that the forensic audit report and the names of those indicted qualify as public records under Section 31 of the Freedom of Information Act (FOI Act).
The audit report and names of indicted persons are not exempted under Sections 11–19 of the FOI Act, as they relate to the use and management of public funds.
The refusal of the President and Attorney General to publish the report, despite SERAP’s formal demand, constitutes a breach of statutory duties under the FOI Act, Section 15(5) of the 1999 Constitution (as amended), and Nigeria’s international obligations to promote transparency.
Section 2(3) of the FOI Act imposes a clear, non-discretionary duty on public institutions to publish financial and expenditure details.
SERAP established the conditions for an order of mandamus: a clear legal right, a corresponding duty, a demand, and refusal to perform.
Orders of Mandamus Granted
1. The President must direct the Attorney General to publish the names of those indicted in the alleged misappropriation of ₦6 trillion in the NDDC between 2000 and 2019.
2. The President must publish and make available to the public the forensic audit report submitted on 2 September 2021.
SERAP Deputy Director, Kolawole Oluwadare, hailed the judgment as a “victory for transparency and accountability in the spending of public funds.”
Femi Falana, SAN, described the case as “one of the most patriotic public interest litigations ever undertaken in Nigeria,” commending SERAP and urging immediate compliance to recover stolen funds and restore public confidence.
SERAP, in a letter dated 22 November 2025, urged President Tinubu to demonstrate commitment to the rule of law by obeying the judgment without delay, stressing that delayed enforcement would undermine both the fight against corruption and the rule of law.
