By DAYO ADESULU
The Socio-Economic Rights and Accountability Project (SERAP) has issued a fresh legal warning to the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN, over what it describes as a deliberate failure to enforce a binding Federal High Court judgment linked to the N6tn NDDC scandal.
In a strongly worded letter dated December 13, 2025, SERAP warned that it may initiate contempt proceedings against the Attorney General if the judgment compelling the publication of the Niger Delta Development Commission (NDDC) forensic audit report and the names of those indicted in the alleged N6 trillion misappropriation is not immediately enforced.
Court Ordered Publication of NDDC Audit and Indicted Names
The judgment at the centre of the controversy was delivered on November 10, 2025, by Justice Gladys Olotu of the Federal High Court, Abuja, following a Freedom of Information (FOI) suit filed by SERAP with suit number FHC/ABJ/CS/1360/2021.
Justice Olotu ordered both President Bola Tinubu and the Attorney General to widely publish:
The NDDC forensic audit report submitted to the Federal Government on September 2, 2021
The full names of individuals indicted in the alleged misappropriation of N6 trillion meant for 13,777 abandoned projects executed by the NDDC between 2000 and 2019
Despite the clarity of the ruling, SERAP said neither the audit report nor the list of indicted persons has been made public weeks after the judgment was served.
SERAP: Failure to Act Makes Mockery of Rule of Law
In the letter signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation accused the Attorney General and the Presidency of undermining Nigeria’s judicial system.
According to SERAP, the continued silence and inaction amount to a “mockery of the country’s legal and judicial processes” and a direct assault on the rule of law.
The organisation cited Section 287(1) of the 1999 Constitution (as amended), which mandates that all court decisions must be enforced by “all authorities and persons” throughout the federation, stressing that the provision admits no exception.
SERAP argued that the refusal to enforce the judgment violates both the letter and spirit of the Constitution and emboldens corruption across ministries, departments, and agencies.
Warning of Personal Liability and Contempt Proceedings
SERAP further warned that Justice Olotu’s judgment is final, binding, and immediately enforceable, not advisory.
“The continuing failure to immediately obey the judgment exposes responsible officials to contempt proceedings, including personal liability,” the group stated.
It stressed that the Attorney General, as the Chief Law Officer of the Federation, has a constitutional responsibility to uphold the law, advise the government to comply with court rulings, and act in the public interest.
According to SERAP, the refusal to act fuels impunity and shields those allegedly involved in the N6tn NDDC scandal from accountability.
Audit Report Classified as Public Record
In her ruling, Justice Olotu held that the NDDC forensic audit report and the names of persons indicted clearly qualify as public records under Section 31 of the Freedom of Information Act.
She further ruled that the information is not exempted under Sections 11 to 19 of the FOI Act, as it relates directly to the management and use of public funds.
The court also found that the refusal of the President and the Attorney General to publish the report, despite formal demand, constitutes a breach of statutory duties under the FOI Act, Section 15(5) of the Constitution, and Nigeria’s international obligations on transparency and accountability.
SERAP Cites Supreme Court Warning on Disobedience
SERAP reinforced its position by citing the landmark Supreme Court decision in Governor of Lagos State v. Ojukwu (1986), where the apex court warned that governments that disobey court orders “invite anarchy.”
The group said it is unacceptable for the Federal Government to treat the judiciary “as a mere suggestion box,” noting that obedience to court orders is the foundation of democratic governance.
Seven-Day Ultimatum Issued
SERAP gave the Attorney General a seven-day ultimatum from the date of receipt or publication of the letter to comply fully with the judgment.
Failure to do so, the organisation warned, would leave it with no option but to pursue contempt proceedings to compel compliance and defend the supremacy of the Constitution.
Link to Tinubu’s Niger Delta Promises
The group also referenced recent public commitments by President Tinubu to address long-standing challenges in the Niger Delta, arguing that enforcing the judgment would demonstrate genuine political will.
According to SERAP, immediate compliance would restore public trust, strengthen transparency, and signal an end to decades of alleged corruption and impunity surrounding the NDDC.
“As the government shows readiness to obey the law, Nigerians will see a clear commitment to accountability in the management of national resources,” the organisation stated.
The unfolding legal standoff places renewed spotlight on the N6tn NDDC scandal, as pressure mounts on the Federal Government to act decisively and uphold the rule of law.
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