SERAP demands enforcement of judgment in N6tn NDDC project funds

File photo: Niger Delta Development Commission logo

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The Socio-Economic Rights and Accountability Project  has urged 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 individuals indicted in the alleged misappropriation of N6tn linked to abandoned projects of the Niger Delta Development Commission.

The funds were reportedly meant for the execution of 13,777 projects undertaken by the NDDC between 2000 and 2019.

The judgment, delivered on November 10, 2025, by Justice Gladys Olotu of the Federal High Court, Abuja, followed a Freedom of Information suit marked FHC/ABJ/CS/1360/2021  filed by SERAP.

Justice Olotu also ordered the Attorney General and the President to publish and make available to the public the NDDC forensic audit report submitted to the Federal Government on September 2, 2021.

In a letter dated December 13, 2025, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation said the continued failure to acknowledge and enforce the judgment undermines the rule of law and Nigeria’s judicial system.

“The continuing failure and/or refusal to publicly acknowledge the judgment and immediately enforce it make a mockery of the country’s legal and judicial processes and the rule of law,” SERAP stated.

The organisation cited Section 287(1) of the 1999 Constitution (as amended), which mandates that decisions of Nigerian courts “shall be enforced in any part of the Federation by all authorities and persons,” stressing that the provision admits no exception.

SERAP warned that failure to comply exposes responsible officials to contempt proceedings, including personal liability.

“Justice Olotu’s judgment is not advisory; it is final, binding, and immediately enforceable against you and President Tinubu,” the letter said.

SERAP argued that non-compliance contributes to ongoing corruption and impunity in ministries, departments and agencies, and violates Nigeria’s international human rights obligations relating to transparency and accountability.

“The Attorney General is the Chief Law Officer of the Federation and has the responsibility to uphold the Constitution, ensure compliance with judicial decisions, obey the rule of law and act in the public interest,” the organisation added.

SERAP maintained that immediate compliance would help restore public confidence in the Tinubu administration’s commitment to the rule of law and its pledge to address long-standing challenges in the Niger Delta.

The group referenced the Supreme Court’s decision in Governor of Lagos State v. Ojukwu (1986), which held that “the rule of law presupposes that the state is subject to the law” and warned that a government that disobeys court orders “invites anarchy.”

SERAP gave the Attorney General seven days to comply with the judgment or risk contempt proceedings.

In her ruling, Justice Olotu held that the NDDC forensic audit report and the names of persons indicted qualify as public records under Section 31 of the Freedom of Information Act and are not exempt from disclosure, as they relate to the use and management of public funds.

She further ruled that the refusal of the President and the Attorney General to publish the report or act on its findings constituted a breach of their statutory duties under the FOI Act, Section 15(5) of the Constitution, and Nigeria’s international obligations to promote transparency and accountability.

SERAP noted President Tinubu’s recent public commitment to improving the welfare of the Niger Delta, stressing that enforcing the judgment would help fulfil that pledge.

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