A Federal High Court sitting in Abuja has ordered the administrations of former Presidents Olusegun Obasanjo, late Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari to provide details of the projects executed or being executed with the $5 billion returned Abacha loot which was repatriated to Nigeria under them.
In addition, the court ordered President Bola Tinubu’s administration to make public the precise sum of money taken by the late General Sani Abacha, the total amount of Abacha loot recovered, and all agreements related to this made by the administrations of former Presidents Obasanjo, Yar’Adua, Jonathan, and Buhari.
The Attorney General of the Federation, the Minister of Justice, and the Minister of Finance were all added as defendants in the lawsuit.
In September 2022, SERAP had filed a lawsuit against the administration of former President Buhari over failure to publish a copy and details of the agreement the Federal Government signed with the United States for the repatriation of $23 million stolen by the former Head of State, Sani Abacha.
The agreement signed in August 2022 came after the $311 million Abacha loot was returned by America in 2020.
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In suit FHC/ABJ/CS/1700/2022 filed at the Federal High Court, Abuja, SERAP asked the court to direct the President and former Attorney-General and Minister of Justice, Abubakar Malami to make details of the contractual agreement with the US public.
According to SERAP, ‘the repatriated $23 million Abacha loot is vulnerable to corruption and mismanagement.
‘Substantial part of the estimated $5 billion returned Abacha loot since 1999 may have been mismanaged, diverted, or re-stolen, and in any case, remain unaccounted for.’
In his ruling following a Freedom of Information suit brought by SERAP, Justice James Omotosho said: ‘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 seven days of this judgment.’
He ordered government to disclose details of projects executed with Abacha loot, locations of such projects and the names of companies and contractors that carried out or are carrying out the projects since the return of democracy in 1999 till date.
Omotosho also ordered 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.’
He said: ‘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 because of Section 7 of the Freedom of Information Act.’
He dismissed all objections raised by the Federal Government and upheld SERAP’s arguments.
Consequently, the court entered judgment in favour of SERAP against the Federal Government.