Politics
Court orders Obasanjo, Yar’Adua, Jonathan, Buhari’s governments to account for $5bn Abacha loot
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 the 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.
Politics
Edo PDP opposes suspension of LG bosses by state assembly, says ‘It’s unconstitutional’
The Peoples Democratic Party (PDP) in Edo says the suspension of all the chairpersons and their deputies in the 18 LGAs of the state is “unconstitutional”.
The chairpersons and their deputies were suspended on Tuesday by the Edo state house of assembly for two months over alleged misappropriation of funds.
Blessing Agbebaku, the speaker of the house, said Monday Okpebholo, governor of Edo, had written a petition to the assembly regarding the chairpersons’ refusal to submit the financial records of their LGs to the state government.
In a statement, Anthony Aziegbemi, chair of the PDP in Edo, said the “illegal” suspension is a disregard to a supreme court decision that affirms the autonomy and independence of local governments.
“How can the governor direct the State Assembly to suspend democratically elected chairmen of the 18 local councils for insubordination when these elected officials enjoy autonomy and independence as enshrined in the constitution and are not subordinates of the governor, the state assembly, or any other arm of government?,” he said.
“We are also aware that the chairmen and their vices were not even given the opportunity to be heard in their detence and were suspended unheard on watery trumped up charges, in total disregard to the constitution.
“We want to restate that the constitution remains supreme, and any attempt to undermine its provisions or disregard the judiciary and its rulings is not only illegal but also a direct attack on democracy and the rule of law.
“The speaker of the Edo state house of assembly and the entire assembly have clearly overstepped their constitutional mandates with this illegal action and we urge them to immediately reverse its decision, in respect to the rule of law and democratic governance.”
Aziegbemi said the suspended officials should report to their councils on Wednesday and carry on with their normal duties.
Also speaking on the issue, Anthony Ehilebo, a PDP chieftain, said Okpebholo has no legal backing to request the financial records of the LGAs.
“In fact, the governor and the assembly members are in contempt of the supreme court,” Ehilebo said when he appeared on Politics Today, a Channels Television programme.
“The purported suspension of the local government chairmen by the state assembly is as absurd as the president asking the national assembly to suspend state governors because they refused to submit statements of accounts to him.
“This is a witch hunt. The LGA chairmen are all PDP members.”
The lawyer said the suspension “is unknown to law and will be ignored”.
Politics
Ex-sports minister Bolaji Abdullahi resigns from PDP
Bolaji Abdullahi, a former minister of sports and youth development, has resigned from the Peoples Democratic Party (PDP).
He disclosed his intention to resign in a letter dated December 16 and addressed to the PDP ward chairman in Ubadawaki, Kwara state.
Abdullahi confirmed the development to TheCable on Monday.
The ex-minister also said he is yet to decide which political platform to pitch tent with.
“The decision of what to do and where to go will be taken in the future that’s left to God,” he said.
In the resignation letter, Abdullahi said he reached the “difficult” decision after days of reflection and introspection.
“I write to formally resign my membership of the Peoples Democratic Party (PDP),” the letter reads.
“I have had ample time to reflect, and I have come to the difficult conclusion that this is the only tenable option for me at this time.
“Mr. Chairman, please permit me to express, through you, my gratitude to the leadership of the party for the opportunities that I have had to serve the state and the country on its platform, and for the great moments we have shared.”
Abdullahi was the PDP candidate for the Kwara central senatorial district election in 2023. He lost the race to Salihu Mustapha of the All Progressives Congress (APC).
Politics
PDP debunks inviting Jonathan to contest 2027 presidency
The Peoples Democratic Party (PDP) says it has not extended an invitation to former President Goodluck Jonathan to contest the presidency on its platform in the 2027 election.
Speaking with BBC Hausa, Ibrahim Abdullahi, deputy spokesperson of the country’s main opposition party, said no ticket has been issued to the former president.
Abdullahi said the party has many eligible people who can contest for the presidency on its platform, adding that a recent interview he granted was interpreted to mean that Jonathan he asked to run on the PDP platform.
“The report that PDP has issued its presidential ticket to former President Goodluck Jonathan or invited him to contest the 2027 presidential election is not true,” he said.
“What happened is this, I had an interview with a journalist where we discussed some issues.
“But in the course of the interview, he mentioned President Jonathan, asking about our opinion of him, because there are reports that he is being urged to run for the presidency.
“I responded by saying that he (Jonathan) is eligible to contest the election, because he is a Nigerian and has the right to do that by the provision of the law, and he still has one more term left.
“So, there is nothing wrong about him contesting the presidential election because he is eligible in the face of the law.”
The deputy spokesperson said the ticket would be given to someone who has shown interest in running for the presidency.
Jonathan, then in the PDP, lost the presidential election to former President Muhammadu Buhari in 2015.
-
News1 week ago
Naseni’s Executive Vice Chairman, Khalil Suleiman Halilu, Named 2024 Winner Of Daily Global Newspaper Conference Series Award For Science, Technology, Innovation, And Infrastructure
-
Relationships1 week ago
Four dating tips for single mum
-
Relationships6 days ago
‘I wish I met you before the wrong person’ – says Portable’s baby mama, Honey Berry, as she flaunts new lover
-
Politics1 week ago
Ibrahim Kashim resigns as Bauchi SSG
-
Entertainment1 week ago
Apostle Femi Lazarus, others top Spotify most streamed podcasts in Nigeria, Kenya, South Africa
-
Business5 days ago
PoS operators increase withdrawal charges, blame electronic levy, cash scarcity
-
News7 days ago
Lagos state government shuts Lord’s Chosen Church, businesses across Lekki, VI, others over noise, environmental infractions
-
Politics1 week ago
Rep seeks increased participation of women in politics