BREAKING: Buhari, Malami sued to High Court over N6 trn in NDDC funds

President Muhammadu Buhari has been sued by the Socio-Economic Rights and Accountability Project (SERAP) “over his failure to publish the names of those indicted in the alleged misappropriation of over N6 trillion in the running of the Niger Delta Development Commission (NDDC) between 2000 and 2019, as documented in the recent Forensic Audit Report on NDDC,” according to the lawsuit.

SERAP is seeking “an order of mandamus to direct and compel President Buhari to publish the names of those indicted in the alleged misappropriation of over N6trn in the running of the Niger Delta Development Commission (NDDC) between 2000 and 2019.” The suit was filed at the Federal High Court in Abuja under the number FHC/ABJ/CS/1360/2021.

The case has been assigned to Honourable Justice Binta Nyako at Court 2, and a hearing date has been set for November 29, 2021.

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“An order of mandamus to compel President Muhammadu Buhari to direct Mr Abubakar Malami SAN, the Attorney General of the Federation and Minister of Justice, and appropriate anti-corruption agencies to bring to justice anyone suspected of being responsible for the missing N6 trillion, and to fully recover any stolen public funds,” SERAP says.

“It is in the public interest to publish the names of those indicted in the audit report as soon as possible, and to ensure that they face prosecution, as appropriate,” SERAP claims.

“The public interest in publishing the names of those indicted by the audit report outweighs any considerations to withhold the information,” according to SERAP, “as there would be no prejudice against those whose names are published as long as the information is appropriately framed and true.”

“The Buhari administration has legal obligations under Section 15(5) of the Nigerian Constitution 1999 [as amended] to abolish all corrupt practices and abuses of power, and article 26 of the United Nations Convention against Corruption to ensure effective prosecution of allegations of corruption,” according to SERAP.

“The audit report raises prima facie evidence of grand corruption and its staggering effects in the Niger Delta,” SERAP continues. According to the African Charter on Human and Peoples’ Rights and the Freedom of Information Act, Nigerians have the right to know the names of those charged and other details in the report.”

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“Publishing the report and the names of those indicted widely would remove the possibility of obstruction of justice, and provide insights relevant to the public debate on the ongoing efforts to combat grand corruption and the longstanding impunity of perpetrators in the country,” SERAP claims.

“An order of mandamus to direct and compel President Buhari to “widely publish and make available to Nigerians the Forensic Audit Report on the Niger Delta Development Commission (NDDC) submitted to him on September 2, 2021,” according to SERAP.

Mr Abubakar Malami, SAN, is a respondent in the case. “Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure transparent management of public resources and unhindered access to public information,” according to the suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi. These commitments must be kept in full force and respect.”

“Directing and requiring President Buhari to publish the names of those charged in the report would advance the victims’ right to restitution, compensation, and a guarantee of non-repetition, as well as boost public confidence in the fight against corruption.”

“It would be entirely consistent with Nigeria’s constitutional and international anti-corruption commitments to publish the names of those indicted.”

“Tackling the NDDC’s corruption epidemic and prosecuting those who have been indicted would alleviate poverty, improve Nigerians’ access to basic public goods and services, and strengthen the government’s ability to meet its human rights and anti-corruption obligations.”

“Despite Nigeria’s enormous oil wealth, ordinary Nigerians have reaped very little benefit from trillions of naira budgeted for regional socioeconomic development, owing to widespread grand corruption and a culture of impunity for perpetrators.”

“Nigerians have a right to receive information free of interference or distortion, and this right should be based on the principle of maximum disclosure and the presumption that all information is accessible subject to a limited set of exceptions.”

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“Even if the government shows that publishing the names of public officials would substantially harm a legitimate interest, it is still required to disclose the requested information if, as in this case, the public interest in disclosure outweighs any perceived harm,” according to the public interest test.

“The missing N6 trillion and over 13,000 abandoned projects in the Niger Delta have continued to erode Nigerians’ access to basic public goods and services, such as education, healthcare, and reliable and uninterrupted electricity supply.”

“Public schools have been allowed to deteriorate and die, and health-care facilities in several parts of the region lack even the most basic of amenities.”

In a letter dated September 25, 2021, SERAP requested that President Buhari make public the names of those indicted in the audit report.

Read Also:  Forensic audit reveals massive mismanagement of N6 trillion in NDDC funds

The Forensic Audit Report into the Activities of the Niger Delta Development Commission (NDDC) reveals grave allegations of N6 trillion in misappropriation in the commission between 2000 and 2019, as well as the fact that the Niger Delta has over 13,000 abandoned projects.

According to the report, the NDDC maintained 362 bank accounts, resulting in a “lack of proper account reconciliation.”