The Federal High Court sitting in Lagos has held
that successive governments since the return of
democracy in 1999 “breached the fundamental
principles of transparency and accountability for
failing to disclose details about the spending of
recovered stolen public funds”.
The court then ordered the government of
President Muhammadu Buhari to “ensure that
his government, and the governments of former
President Olusegun Obasanjo, former President
Umaru Musa Yar’Adua, and former President
Goodluck Jonathan account fully for all
recovered loot”.
The judgment was delivered on Friday by
Justice Mohammed Idris following a Freedom of
Information suit no: FHC/IKJ/CS/248/2011
brought by Socio-Economic Rights and
Accountability Project (SERAP).
The details ordered by the court to be disclosed
include: information on the total amount of
recovered stolen public assets by each
government; the amount of recovered stolen
public assets spent by each government as well
as the objects of such spending and the
projects on which such funds were spent.
Justice Idris dismissed all the objections raised
by the federal government and upheld SERAP’s
arguments. Consequently, the court entered
judgment in favour of SERAP against the federal
government as follows:
· A declaration is hereby made that the failure
and/or refusal of the respondents to individually
and/or collectively disclose detailed information
about the spending of recovered stolen public
funds since the return of civil rule in 1999, and
to publish widely such information, including on
a dedicated website, amounts to a breach of the
fundamental principles of transparency and
accountability and violates Articles 9, 21 and 22
of the African Charter on Human and Peoples’
Rights (Ratification and Enforcement) Act;
· A declaration is hereby made that by virtue of
the provisions of Section 4 (a) of the Freedom
of Information Act 2011, the 1st Defendant/
Respondent is under a binding legal obligation to
provide the plaintiff/applicant with up to date
information on the spending of recovered stolen
funds, including: Detailed information on the
total amount of recovered stolen public assets
that have so far been recovered by Nigeria; The
amount that has been spent from the recovered
stolen public assets and the objects of such
spending; Details of projects on which
recovered stolen public assets were spent.
The judge also made an order of mandamus
directing and or compelling the defendants/
respondents to provide the plaintiff/applicant
with up to date information on recovered stolen
funds since the return of civilian rule in 1999,
including:
· Detailed information on the total amount of
recovered stolen public assets that have so far
been recovered by Nigeria;
· The amount that has been spent from the
recovered stolen public assets and the objects
of such spending; and,
· Details of projects on which recovered stolen
public assets were spent.
Reacting to the court ruling, the SERAP Deputy
Executive Director, Olukayode Majekodunmi,
said: “This judgment confirms the persistent
failure of successive governments starting from
the Obasanjo government, to respect Nigerians’
right to a corruption-free society and to uphold
constitutional and international commitments on
transparency and accountability. The judgment
is an important step towards reversing a culture
of secrecy and corruption that has meant that
high-ranking government officials continue to
look after themselves at the expense of the
well-being of majority of Nigerians, and
development of the country.”
He added: “This is a crucial precedent that
vindicates the right to a transparent and
accountable government and affirms the human
rights of the Nigerian people to live a life free
from want and fear. We are in the process of
obtaining a certified copy of the around 60
pages judgment. SERAP will do everything
within its power to secure the full and effective
enforcement of this judgment.”

Source: http://www.globalnaijablog.com/2016/03/02/court-orders-fg-account-fully-recovered-loot/