Court orders past govts to account for Abacha’s loot

In a groundbreaking ruling, the Federal High Court in Abuja has issued a directive for the disclosure of spending details related to the approximately $5 billion late General Sani Abacha loot.

The court’s judgment came as a result of a Freedom of Information suit filed by Socio-Economic Rights and Accountability Project (SERAP) against the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan, and Muhammadu Buhari.

Justice James Kolawole Omotosho delivered the judgment last week, ordering President Bola Tinubu’s government to provide comprehensive information regarding the exact amount of money stolen by General Sani Abacha from Nigeria, the total amount of Abacha loot recovered, and all agreements made concerning the recovered funds by the aforementioned governments.

Justice Omotosho stated, “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.”

The court further demanded that the government disclose specific information concerning the projects executed using the Abacha loot, including project locations and the names of companies and contractors involved from 1999 to the present.

Additionally, Justice Omotosho instructed the government to reveal the role played by the World Bank and other partners in the implementation of any projects funded with the Abacha loot during the presidencies of Obasanjo, Yar’Adua, Jonathan, and Buhari.

The judge dismissed the objections raised by the Federal Government and upheld SERAP’s arguments, leading to a ruling in favor of SERAP. The judgment highlights the failure of the Minister of Finance to provide the requested information under the provisions of the Freedom of Information Act, with Justice Omotosho stating, “The excuse has no leg to stand in view of section 7 of the Freedom of Information Act.”

In response to the court’s ruling, SERAP has written a letter to President Tinubu, urging immediate compliance and respect for the judgment. The organization emphasized that the enforcement of the judgment would be a testament to the rule of law, transparency, and accountability in governance, and would signal an end to impunity for grand corruption.

SERAP’s letter concluded with a call for a clean break from past practices and a commitment to the rule of law, transparency, and accountability. The organization expressed hope that President Tinubu would respond positively and take decisive action to implement the judgment, thereby restoring trust and confidence in Nigeria’s judiciary and signaling a commitment to combating corruption.

The defendants in the case include the Minister of Finance, the Attorney General of the Federation, and the Minister of Justice. The court’s order has generated significant attention, as it seeks to bring transparency to the expenditure of the recovered Abacha loot, a matter of great public interest.