SERAP Threatens Contempt Suit Against AGF Fagbemi

The Socio-Economic Rights and Accountability Project (SERAP) has asked the Attorney General of the Federation, Lateef Fagbemi, “to immediately enforce the judgment compelling and directing him and president Bola Tinubu to widely publish the names of those indicted in the alleged misappropriation of ₦6 trillion meant to implement the abandoned 13,777 projects and in the running of the Niger Delta Development Commission (NDDC) between 2000 and 2019.”

The judgment was delivered on Monday, 10 November, by Justice Gladys Olotu following a Freedom of Information suit number: FHC/ABJ/CS/1360/2021, brought by SERAP.

The court also ordered Fagbemi 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 the letter dated 13 December 2025 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “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.”

“Section 287(1) of the Nigeria Constitution 1999 [as amended] provides that the decisions of Nigerian courts “shall be enforced in any part of the Federation by all authorities and persons.’ This constitutional provision admits no exception and leaves no ambiguity,” the group said.

“The ongoing failure and/or refusal to enforce the judgment is a fundamental breach of both the letter and spirit of the Nigerian Constitution and a direct assault on the rule of law.”

READ ALSO: No Christian Genocide In Nigeria, AGF Insists

The letter, read in part: “The continuing failure to immediately obey Justice Olotu’s judgment exposes responsible officials to contempt proceedings, including personal liability.”

“Obeying the judgment would reinforce the primacy of the Nigerian Constitution, and the country’s international obligations and show respect for the rule of law.”

“The Attorney General is the Chief Law Officer of the Federation and as such has the responsibility to uphold the Nigerian Constitution, advise the government to ensure that its actions conform with judicial decisions, obey the rule of law and generally act in the public interest.”

“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.”

“SERAP is concerned that the continuing failure by you and President Tinubu to obey the court judgment is contributing to ongoing corruption and impunity of perpetrators in ministries, departments and agencies [MDAs].”

“The continuing failure and/or refusal by you to enforce legally binding judgment of court and to advise President Tinubu to implement the judgment is also entirely inconsistent and incompatible with Nigeria’s international human rights obligations.”

“It is unacceptable for the Attorney General of the Federation and the government under which you serve to take the court, which is the guardian of justice in this country, for a ride. Obeying the court judgment would go a long way in protecting the integrity of Nigeria’s legal and judicial systems.”

“By immediately complying with the judgment, you and President Tinubu will show Nigerians that the administration is willing and able to end many years of brazen impunity for corruption in the country.”

“Immediately implementing the judgment will also restore public trust and confidence in the ability of the Tinubu administration to respect the rule of law and contribute to the efforts to improve transparency and accountability in the management of Nigeria’s wealth and natural resources, including in the NDDC.”

“As the Supreme Court eloquently stated in Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621, ‘The rule of law presupposes that the state is subject to the law. The government should be the first to obey the law.’”

“The Court also held that a government that disobeys court orders ‘invites anarchy.’”

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider pursuing contempt proceedings against you to compel you to uphold the Nigerian Constitution and the rule of law.”

“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.’”