Obasanjo, Yar’Adua, Jonathan, Buhari govts ordered to give account of $5bn Abacha loot

The governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari were last Friday ordered to disclose the spending details of about USD$5 billion Abacha loot.

The order came through Justice James Kolawole Omotosho of a Federal High Court, Abuja, while delivering judgment following a Freedom Of Information (FOI) suit designated FHC/ABJ/CS/407/2020, instituted by the Socio-Economic Rights and Accountability Project (SERAP).

Justice Kolawole equally directed the government of President Bola Ahmed Tinubu to “disclose the exact amount of money stolen by General Sani Abacha from Nigeria, and the total amount of Abacha loot recovered, and all agreements signed on same by the governments of former presidents Obasanjo, Yar’Adua, Jonathan and Buhari.”

Justice Omotosho who held that, “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 7 days of this judgment”, also mandated the Federal Government of Nigeria (FGN) to disclose details of the projects executed with the Abacha loot, locations of any such projects and the names of companies and contractors that carried or carrying out the projects since the return of democracy in 1999 until date".

While further mandating the FGN 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, Justice Omotosho stated that “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 in view of Section 7 of the Freedom of Information Act”.

The judge threw out all the objections raised by the FGN and upheld SERAP’s arguments, even as the court entered judgment in favour of SERAP against the FGN.

The judgment, dated July 3, 2023, reads in part: “The failure of the Minister of Finance to write to SERAP informing it of where the said information exists or to transfer the request to a public office who has custody of such information is fatal to their case under Section 5 of the Freedom of Information Act.

“The Ministry cannot use a blanket statement that it was not in possession of the said records of about $5bn Abacha loot sought by SERAP. 

"The government failed to provide details of the projects executed with the money. It also failed to provide the locations of the projects and the names of the companies and contractors that carried out or are carrying out the projects funded with the money.

“I hold that by the clear wordings of Section 7 of the Freedom of Information Act, 2011, access to information about spending details of $5bn Abacha loot was denied SERAP by the Federal Government”.

Joined as defendants in the suit are the Minister of Finance and the Attorney General of the Federation and Minister of Justice.

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