SERAP drags FG to ECOWAS court over withheld NDDC audit report

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The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against the federal government at the ECOWAS Court of Justice over its refusal to publish a forensic audit report on the alleged embezzlement of ₦6 trillion from the Niger Delta Development Commission (NDDC).

Filed last Friday in Abuja, the suit is jointly brought by SERAP and four Nigerian citizens—Prince Taiwo Aiyedatiwa, Chief Jude Igbogifurotogu Pulemote, Ben Omietimi Tariye, and Princess Elizabeth Egbe.

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According to the plaintiffs, the failure to release the report—originally commissioned by former President Muhammadu Buhari in 2019—violates Nigerians’ right to access public information and undermines accountability in the management of NDDC resources.

SERAP announced the suit via its official X handle, stating: “We’ve sued the Tinubu administration at the ECOWAS Court of Justice over the failure to publish the forensic report on the NDDC documenting allegations of missing ₦6 trillion in the commission.”

Despite public expectations, successive administrations have yet to make the findings public, even though the audit has reportedly been completed and submitted.

The situation has further stirred public outrage following allegations by current FCT Minister Nyesom Wike that the wife of a former minister received ₦48 billion over one year to “train Niger Delta women.

“In their case, filed as ECW/CCJ/APP/35/25, the plaintiffs argue that continued suppression of the report constitutes a breach of Nigeria’s obligations under international law.

“The Nigerian government has violated our right to know the truth about the corruption allegations documented in the NDDC forensic report,” the litigants asserted. “The obstruction of the publication of the report is perpetrating impunity and the cover-up of the allegations.”

They are calling on the ECOWAS Court to mandate the immediate publication of the report and the institution of more rigorous oversight measures concerning the use of NDDC funds.

The suit further stated: “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 that, truth would languish and people’s participation in government would remain fragmented and illusory.”

SERAP statement in full:

REAKING: Missing N6 trillion: We’ve sued the Tinubu administration at the ECOWAS Court of Justice over the failure to publish the forensic report on the Niger Delta Development Commission (NDDC) documenting allegations of missing N6 trillion in the commission.

Following the allegations of grand corruption, the late former president Muhammadu Buhari in 2019 ordered a forensic audit of the NDDC’s operations. Also, the Minister of the Federal Capital Territory (FCT), Nyesom Wike recently alleged that the wife of a former minister collected N48 billion over 12 months “to train Niger Delta women.”

The suit was filed together with four concerned Nigerians who are: prince Taiwo Aiyedatiwa; chief Jude Igbogifurotogu Pulemote; Ben Omietimi Tariye; and princess Elizabeth Egbe.

In the suit number ECW/CCJ/APP/35/25 filed last Friday before the ECOWAS Community Court of Justice in Abuja, the plaintiffs are seeking: “a declaration that the failure of the Nigerian government to publish the NDDC forensic report amounts to a fundamental breach of the country’s international human rights obligations.”

The plaintiffs are seeking “an order directing and compelling the Nigerian government to publish and ensure access to information to the NDDC forensic report which has been submitted to the government but remains shrouded in secrecy.”

The plaintiffs are also seeking “an order directing and compelling the Nigerian government to adopt and ensure effective measures to address transparency and accountability gaps in the spending of public funds budgeted for the NDDC.”

In the suit, the plaintiffs are arguing that, “The Nigerian government has violated our right to know the truth about the corruption allegations documented in the NDDC forensic report. The obstruction of the publication of the report is perpetrating impunity and the cover-up of the allegations documented in the report.”

The plaintiffs are also arguing that, “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 are arguing that, “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.”

According to the plaintiffs, “The Nigerian government has the legal obligations to guarantee and ensure transparency and access to information regarding the NDDC forensic report as a component of the right to seek, receive, and impart information of all kinds.”

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