The Socio-Economic Rights and Accountability Project (SERAP) has issued a strong warning to Attorney General of the Federation (AGF), Lateef Fagbemi, and President Bola Tinubu, demanding immediate enforcement of a court ruling that directs the publication of the names of individuals implicated in the misappropriation of ₦6 trillion meant for 13,777 abandoned projects and the operations of the Niger Delta Development Commission (NDDC) from 2000 to 2019.
Background of the Case
On 10 November 2025, Justice Gladys Olotu ruled in favor of SERAP in a Freedom of Information (FOI) suit (FHC/ABJ/CS/1360/2021). The judgment ordered the AGF and President Tinubu to publish:
- The names of those indicted in the mismanagement of the NDDC funds.
- The forensic audit report of the NDDC submitted to the federal government on 2 September 2021.
SERAP’s Legal Position
In a letter dated 13 December 2025, signed by SERAP’s Deputy Director Kolawole Oluwadare, the organization expressed grave concerns over the government’s failure to comply with the court’s binding order. SERAP emphasized that this inaction undermines Nigeria’s legal and judicial processes and constitutes a breach of constitutional obligations under Section 287(1) of the Nigerian Constitution, which mandates the enforcement of all court decisions across the federation.
The letter stated that the failure to comply with the judgment exposes officials to potential contempt proceedings and personal liability. SERAP’s position is clear: the non-enforcement of this ruling is not only a violation of the rule of law but also a signal that corruption and impunity are being allowed to persist in Nigerian ministries, departments, and agencies (MDAs).
Implications for Governance and Accountability
- Transparency and Corruption Control: The court ruling demands that the forensic audit report be made public, which could reveal significant details about the management of public funds, especially in the context of the NDDC, an agency notorious for corruption scandals. SERAP argues that publishing the names of the implicated individuals is crucial for accountability and would help restore public trust in the government’s commitment to ending corruption.
- Rule of Law: SERAP’s letter references Nigeria’s international human rights obligations, arguing that failing to comply with a binding court decision contradicts the country’s commitment to upholding the rule of law. SERAP asserts that the government’s non-compliance is inconsistent with the legal and constitutional principles that Nigeria is bound to respect.
- Preserving Judicial Integrity: SERAP’s threat of contempt proceedings underscores the importance of judicial authority. By defying the court order, the government risks undermining the authority of Nigerian courts and eroding public confidence in the justice system. The letter reminds the AGF that a government that disregards court orders invites anarchy, as emphasized in the Supreme Court case of Governor of Lagos State v. Ojukwu (1986).
Next Steps
- Compliance Deadline: SERAP has set a deadline of 7 days from the receipt or publication of the letter for the government to comply with the ruling. If the AGF and President Tinubu do not act within this period, SERAP has stated it will consider legal action for contempt of court.
- Public Trust and Confidence: SERAP asserts that implementing the judgment would not only show respect for the rule of law but also signal that the Tinubu administration is serious about addressing corruption. The NDDC forensic audit and the names of those indicted should be made public to ensure that the public has access to the truth about the management of public funds.
The Legal and Constitutional Foundation
Justice Olotu’s judgment is clear: the forensic audit report and the names of the indicted individuals are public records under Section 31 of the Freedom of Information Act. The court also ruled that these documents are not exempt from disclosure under Sections 11-19 of the FOI Act, as they pertain to the use and management of public funds. The AGF’s refusal to comply with this ruling is a direct violation of the Freedom of Information Act and the Nigerian Constitution.
Conclusion
The SERAP vs. AGF Lateef Fagbemi case highlights a critical struggle between government accountability and corruption impunity. SERAP’s firm stance against the non-enforcement of the court’s judgment reinforces the need for transparency in the management of public funds, especially in a sector like the NDDC, which has been mired in scandals.
If the government fails to comply, this could mark a significant legal battle with repercussions for the administration’s credibility, Nigeria’s judicial system, and the fight against corruption.
The coming days will be pivotal in determining whether Nigeria’s commitment to the rule of law will prevail or whether the status quo of impunity will continue.
