The government of President Bola Tinubu is facing a fresh legal challenge at the ECOWAS Community Court of Justice, as the Socio-Economic Rights and Accountability Project (SERAP) and four concerned Nigerian citizens have jointly filed a lawsuit demanding the immediate publication of the forensic audit report of the Niger Delta Development Commission (NDDC).
The highly anticipated report, commissioned in 2019 under the late former President Muhammadu Buhari, allegedly implicated high-ranking officials and politicians in the disappearance of an estimated N6 trillion from the commission between 2001 and 2019.
The lawsuit, with the suit number ECW/CCJ/APP/35/25 in Abuja, marks a significant escalation in the ongoing calls for transparency and accountability within the NDDC, a vital interventionist agency for the oil-rich Niger Delta region.
The plaintiffs argued that the Nigerian government’s continued refusal to make the report public constitutes a “fundamental breach of the country’s international human rights obligations.”
PRESIDENT BOLA TINUBU
The four concerned Nigerians joining SERAP in this landmark suit are Prince Taiwo Aiyedatiwa, Chief Jude Igbogifurotogu Pulemote, Ben Omietimi Tariye, and Princess Elizabeth Egbe.
Their collective action underscores the widespread public frustration and demand for answers regarding the colossal sums allocated to the NDDC with little to show for it on the ground.
Among the key reliefs sought by the plaintiffs are: “A declaration that the Nigerian government's failure to publish the NDDC forensic report violates its international human rights commitments.
“An order compelling the Nigerian government to publish and ensure public access to the NDDC forensic report, which remains shrouded in secrecy despite its submission to the government.
“An order directing the Nigerian government to adopt effective measures to address existing transparency and accountability gaps in the management of public funds earmarked for the NDDC.”
In their compelling arguments, the plaintiffs contended that the government has demonstrably violated their fundamental "right to know the truth about the corruption allegations documented in the NDDC forensic report."
They asserted that the deliberate obstruction of the report's publication not only perpetuates impunity but also serves as a blatant cover-up for the alleged corrupt practices detailed within its pages.
The suit further emphasised that the public’s right to open access to information, inherent in freedom of expression, is crucial for citizens to understand government actions and participate meaningfully in governance.
"Implicit in freedom of expression is the public’s right to open access to information and to know what governments are doing on their behalf, without which truth would languish and people’s participation in government would remain fragmented and illusory," the plaintiffs argued.
Highlighting the government's apparent lack of justification for withholding the report, the plaintiffs stated, "The Nigerian government has failed and refused to publish the NDDC forensic report and has failed to provide any reasons or grounds for withholding the report from the plaintiffs and the Nigerian public."
They stressed that the government is legally bound to guarantee transparency and access to information concerning the NDDC forensic report, as it forms a critical component of the right to seek, receive, and impart all kinds of information.
The legal team representing SERAP and the four concerned citizens, led by Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo, underscored the overriding public interest in the report's disclosure.
They argued that the government's continued suppression of the document impedes the plaintiffs' ability to scrutinise the findings, hold the government accountable, and ultimately undermines the rule of law and other fundamental rights.
The suit also dispels any notion that the information contained within the NDDC forensic report could be classified for national security reasons.
Instead, it asserts that the report directly pertains to issues of transparency, accountability, and human rights, all of which are explicitly covered under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights – both treaties ratified by Nigeria.
These international instruments, the plaintiffs maintain, impose a positive obligation on the Nigerian government to grant public access to the report.
"Access to public information is a fundamental human right protected by Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights," the suit declared, further noting that such access is a basic tool for building citizenship and enabling individuals to participate in matters of public interest, including the pursuit of accountability and justice for corruption victims.
The plaintiffs also referenced the principle of "maximum disclosure," a guiding principle of the right to information enshrined in international human rights law.
This principle, according to the group, advocates for a legal framework where transparency is the general rule, and secrecy is strictly the exception, only permissible under limited, legally enshrined, and proportionate circumstances.
The burden of proof, they argued, rests with the Nigerian government to demonstrate that any restrictions on publishing the report are compatible with international human rights standards.
The lawsuit comes amidst heightened public discourse on the NDDC's financial dealings, including a recent allegation by the Minister of the Federal Capital Territory (FCT), Nyesom Wike, who claimed that the wife of a former minister received N48 billion over 12 months for "training Niger Delta women."
No date has yet been fixed for the hearing of the suit.
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