The Socio-Economic Rights and Accountability Project (SERAP), alongside four Nigerian citizens, has filed a lawsuit against the administration of President Bola Ahmed Tinubu for failing to make public the report of the forensic audit conducted on the Niger Delta Development Commission (NDDC).
According to SERAP, the audit, commissioned by former President Muhammadu Buhari in 2019, uncovered the misappropriation of N6 trillion from the agency between 2001 and 2019, allegedly implicating high-ranking government officials and politicians. Despite the audit’s completion and submission to the federal government, the report remains unpublished.
The legal action was disclosed in a statement on Sunday by SERAP’s Deputy Director, Kolawole Oluwadare. Filed last Friday before the ECOWAS Community Court of Justice in Abuja, the suit, marked ECW/CCJ/APP/35/25, was brought by SERAP and four plaintiffs: Prince Taiwo Aiyedatiwa, Chief Jude Igbogifurotogu Pulemote, Ben Omietimi Tariye, and Princess Elizabeth Egbe.
The plaintiffs are seeking a declaration that the Nigerian government’s failure to release the report constitutes a violation of international human rights obligations, particularly the right to access public information.
“The Nigerian government has violated our right to know the truth about the corruption allegations documented in the NDDC forensic report,” the plaintiffs argued. “The obstruction of the report’s publication perpetuates impunity and shields the implicated parties from accountability.”
The suit seeks three primary orders from the court:
- A directive compelling the federal government to immediately publish the forensic audit report.
- An order mandating the government to ensure public access to the findings.
- A further order requiring the adoption of effective transparency and accountability measures in the management of funds allocated to the NDDC.
The plaintiffs emphasized that access to public information is essential to democratic participation and the exercise of other fundamental rights. They cited Articles 9 and 19 of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, both of which Nigeria has ratified.
They stressed that “access to public information is not merely an administrative requirement, but a legally binding human right,” and maintained that the refusal to release the NDDC report lacks any legal justification. The plaintiffs also rejected any attempt to classify the report under national security exceptions, insisting that the audit concerns public accountability and is squarely within the public interest.
Referencing a recent comment by the Minister of the Federal Capital Territory, Nyesom Wike, who alleged that N48 billion was allocated within a year to the wife of a former minister to “train Niger Delta women,” SERAP said such allegations underscore the urgency of public scrutiny of the NDDC’s operations.
“The principle of maximum disclosure must be upheld,” the suit reads. “Transparency should be the rule, not the exception. Any restriction on the right to information must be legally defined, pursue a legitimate aim, and be necessary and proportionate.”
The plaintiffs also argued that the continued secrecy surrounding the report undermines Nigeria’s obligations to ensure legal remedies and protect the public from corruption-related human rights abuses.
Filed by Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo, the lawsuit reinforces a growing call for the Tinubu administration to prioritize transparency, especially in managing public funds and anti-corruption efforts.
As of the time of filing this report, no date has been set for the hearing.
