The court also ordered the president “to publish and make available to the public the NDDC forensic audit report submitted to the Federal Government on September 2, 2021.”

The judgment was delivered on Monday, November 10, by Hon. Justice Gladys Olotu fol­lowing a Freedom of Informa­tion suit number: FHC/ABJ/ CS/1360/2021, brought by the Socio-Economic Rights and Ac­countability Project (SERAP). The certified true copy of the judgment was obtained last Fri­day.

In her judgment, Justice Olo­tu held that “the forensic audit report of the Niger Delta Devel­opment Commission (NDDC), as well as the names of persons in­dicted therein, clearly fall within the definition of ‘public records’ as contained in Section 31 of the Freedom of Information Act.”

Justice Olotu also held that “NDDC forensic audit report and the names of persons indicted therein are not exempted under Sections 11-19, as the information relates to the use and manage­ment of public funds.”

Justice Olotu also stated that “the refusal of the president and the Attorney General to publish the audit report or act on the al­legations therein, despite formal demand by SERAP constitutes a breach of their statutory duties under the Freedom of Infor­mation Act, Section 15(5) of the Nigerian constitution 1999 (as amended), and Nigeria’s inter­national obligations to promote transparency and accountability.

“Section 2(3) of the Freedom of Information Act mandates all public institutions to cause to be published certain categories of information, including details of finances and expenditures.

“Applying these principles, the Freedom of Information Act imposes on the president a clear, non-discretionary duty to make the NDDC forensic audit report available to the public and publish the names of those indicted in the report.

“It is trite law that for an order of mandamus to issue, SERAP must establish (a) a clear legal right to the performance of a duty, (b) a corresponding duty on the president and the Attorney General to perform that duty, (c) a demand for the performance of the duty, and (d) a refusal or neglect to perform same.

“Every person has the right to access information in the custody of any public official or institu­tion, and such institution is under a statutory duty to grant access, except where the information falls within the limited exemp­tions set out under Sections 11-19 of the Act.”

SERAP deputy director Ko­lawole Oluwadare said: “This ground-breaking judgment is a victory for transparency and ac­countability in the spending of public funds.

“Justice Olotu’s judgment shows the urgent need for the Tinubu government to provide the leadership to ensure trans­parency and accountability for the missing N6 trillion meant to implement the abandoned proj­ects in the Niger Delta.

“We commend Justice Olotu for her courage and wisdom, and urge President Bola Tinubu to im­mediately obey the court orders.”

Femi Falana (SAN) said on the judgment: “SERAP deserves the commendation of all well-mean­ing people that have agonised over reports of systemic corrup­tion in Nigeria.