Court Order: SERAP Calls on Tinubu, AGF Fagbemi to Release Names of Officials Implicated in N6 Trillion NDDC Scandal—-The Socio-Economic Rights and Accountability Project (SERAP) has called on the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to promptly enforce a court judgment directing him and President Bola Tinubu to release the names of individuals indicted in the alleged misappropriation of N6 trillion.
The funds were reportedly intended for the execution of 13,777 abandoned projects and the operational activities of the Niger Delta Development Commission (NDDC) between 2000 and 2019.
The judgment was delivered on Monday, November 10, by Justice Gladys Olotu of the Federal High Court in Abuja, following a Freedom of Information suit (No. FHC/ABJ/CS/1360/2021) instituted by SERAP.
The court also directed Mr. Fagbemi and the President to publish and make publicly accessible the NDDC forensic audit report submitted to the federal government on September 2, 2021.
In the letter dated December 13, 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 make 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.”
According to SERAP, “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.”
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.
“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.”
SERAP urged the Attorney General and President Bola Tinubu to promptly implement the court judgment, stressing that compliance would demonstrate the administration’s commitment to ending longstanding corruption and restoring public trust.
The group noted that immediate enforcement would reinforce transparency and accountability in managing Nigeria’s wealth and resources, including the NDDC.
SERAP cited the Supreme Court’s ruling in Governor of Lagos State v. Ojukwu (1986), which affirmed that the government is bound by the law and that failure to obey court orders undermines the rule of law and risks disorder.
“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter,” it said.
“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.”
SERAP highlighted that Justice Olotu’s judgment classified the NDDC forensic audit report and the names of those indicted as public records under Section 31 of the Freedom of Information Act.
The court ruled that the information is not exempt under Sections 11–19, as it pertains to the management of public funds.
The judgment further stated that the refusal of the President and Attorney General to publish the report or act on its findings, despite SERAP’s formal demand, constitutes a breach of their statutory duties under the Freedom of Information Act, Section 15(5) of the Nigerian Constitution, and Nigeria’s international obligations on transparency and accountability.
“SERAP notes the recent public commitments by president Tinubu to ‘improve the welfare of the Niger Delta region and address the challenges facing the region.’ Immediately enforcing the NDDC judgment would ensure the fulfillment of these commitments,” it said.
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