N6tr scandal: SERAP demands publication of indicted names in NDDC report

The Socio-Economic Rights and Accountability Project (SERAP) has called on the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN, to immediately enforce a court judgment directing him and President Bola Tinubu to publish the names of those implicated in the alleged misappropriation of N6 trillion allocated to the Niger Delta Development Commission (NDDC) between 2000 and 2019.

The directive follows a ruling by Hon. Justice Gladys Olotu on 10 November, delivered in the Federal High Court, Abuja, in the course of a Freedom of Information suit (FHC/ABJ/CS/1360/2021) brought by SERAP. The court also ordered that the NDDC forensic audit report submitted to the federal government on 2 September 2021 be made publicly available.
In a letter dated 13 December 2025, signed by SERAP deputy director Kolawole Oluwadare, the organisation expressed concern over the continued failure by Mr Fagbemi and the presidency to comply with the court’s order.
“The continuing failure and/or refusal to publicly acknowledge the judgment and immediately enforce it makes a mockery of the country’s legal and judicial processes and the rule of law,” the letter read.

SERAP cited Section 287(1) of the 1999 Constitution, as amended, emphasising that “the decisions of Nigerian courts shall be enforced in any part of the Federation by all authorities and persons,” noting that the constitutional provision admits no exceptions. The organisation warned that non-compliance amounts to a “fundamental breach of both the letter and spirit of the Nigerian Constitution and a direct assault on the rule of law.”
The letter further stated, “The continuing failure to immediately obey Justice Olotu’s judgment exposes responsible officials to contempt proceedings, including personal liability.”

SERAP urged the Attorney General to act in accordance with his statutory responsibilities as the Chief Law Officer of the Federation, including upholding the Constitution, advising the government to ensure actions conform with judicial decisions, and obeying the rule of law.
“Despite the clarity and binding nature of the Court’s judgment and the service of the judgment on you and the president, you have failed, neglected, and/or refused to comply with the judgment. Justice Olotu’s judgment is not advisory; it is final, binding, and immediately enforceable against you and President Tinubu,” the organisation stated.
SERAP also stressed that the failure to enforce the ruling undermines efforts to curb corruption within ministries, departments, and agencies, and breaches Nigeria’s international human rights obligations.

The organisation referenced prior judicial decisions, including Governor of Lagos State v. Ojukwu (1986), highlighting that “the government should be the first to obey the law” and warning that disobedience “invites anarchy.”
The letter concluded with a seven-day ultimatum, stating that if the court order is not enforced within that period, SERAP will consider pursuing contempt proceedings against Mr Fagbemi to compel compliance and uphold the rule of law.
Justice Olotu had held that both the NDDC forensic audit report and the names of those indicted fall within the definition of public records under Section 31 of the Freedom of Information Act and are not exempt under Sections 11–19.

The court also found that the refusal to publish the report or act on its contents constitutes a breach of statutory duties under the Freedom of Information Act, Section 15(5) of the Constitution, and Nigeria’s international obligations to promote transparency and accountability.
SERAP noted that immediate enforcement of the judgment would align with President Tinubu’s recent public commitments to improve welfare in the Niger Delta and address longstanding challenges in the region.

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