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Court Orders Obasanjo, Yar’Adua, Jonathan, Buhari Govts To Account For $5bn Abacha Loot

Published

2 years ago

July 9, 2023

The Federal High Court sitting in Abuja has ordered the disclosure of the spending details of about USD$5 billion Abacha loot by the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari.”

The court ordered the government of President Bola Tinubu to “disclose the exact amount of money stolen by General Sani Abacha from Nigeria, and the total amount of Abacha loot recovered and all agreements signed on same by the governments of former presidents Obasanjo, Yar’Adua, Jonathan and Buhari.”

The judgment was delivered last week by Justice James Kolawole Omotosho following a Freedom of Information suit number: FHC/ABJ/CS/407/2020, brought by the Socio-Economic Rights and Accountability Project (SERAP).

In his judgment, Justice Omotosho held that, “In the final analysis, the application by SERAP is meritorious and the Federal Government through the Ministry of Finance is hereby ordered to furnish SERAP with the full spending details of about $5bn Abacha loot within 7 days of this judgment.”

Justice Omotosho ordered the government to “disclose details of the projects executed with the Abacha loot, locations of any such projects and the names of companies and contractors that carried or carrying out the projects since the return of democracy in 1999 till date.”

Justice Omotosho also ordered the government to “disclose details of specific roles played by the World Bank and other partners in the execution of any projects funded with Abacha loot under the governments of former presidents Obasanjo, Yar’Adua, Jonathan and Buhari.”

Justice Omotosho also stated that, “The excuse by the Minister of Finance is that the Ministry has searched its records and the details of the exact public funds stolen by Abacha and how the funds have been spent are not held by the Ministry. The excuse has no leg to stand in view of section 7 of the Freedom of Information Act.”

Justice Omotosho 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.

Justice Omotosho’s judgment, dated 3 July, 2023, read in part: “The failure of the Minister of Finance to write to SERAP informing it of where the said information exists or to transfer the request to public office who has custody of such information is fatal to their case under section 5 of the Freedom of Information Act.”

“The Ministry cannot use a blanket statement that it was not in possession of the said records of about $5bn Abacha loot sought by SERAP. The government failed to provide details of the projects executed with the money. It also failed to provide locations of the projects and the names of the companies and contractors that carried out or are carrying out the projects funded with the money.”

“I hold that by the clear wordings of section 7 of the Freedom of Information Act, 2011, access to information about spending details of $5bn Abacha loot was denied SERAP by the Federal Government.”

“The Federal Government had filed a 14 paragraph Counter Affidavit deposed to by Abah Sunday, Litigation Officer in the office of the Attorney General of the Federation argued that SERAP’s suit is frivolous, as it has not shown that the government denied it the information it seeks.”

“The Federal Government has also stated that SERAP has not established sufficient interest in its application. The government urged the Court to dismiss the suit.”

“For the sake of emphasis, possession of locus standi has been the bane of the citizens’ advocates, in the public interest litigation, to query transparency and accountability in governance in Nigeria.”

“In a democratic dispensation, such as in Nigeria, the citizens have been proclaimed the owners of sovereignty and mandates that place leaders in the saddle.”

“The requirement is a serious fracture of the citizens’ inalienable right to ventilate their grievances against poor governance vis-à-vis expenditure of public funds generated from their taxes.”

“The sacrosanct provision of Section 1(2) of the Freedom of Information Act, which has ostracised this disturbing requirement, has, admirably, remedied the harmful mischief appurtenant to it.”

“Clearly, section 1 gives a person the right to access any information from any public institution in Nigeria. SERAP is an organization registered in Nigeria and thus a juristic person. As a juristic person, SERAP need not show any specific interest in the spending details of about $5bn Abacha loot to be entitled to the same.”

“I therefore hold that SERAP is entitled to the information on the spending details of about $5bn Abacha loot, and need not show any special interest in the information sought.”

“The provision of Section 4 of the Freedom of Information Act is quite clear and mandates that public institution or public officer such as the Minister of Finance and the Attorney General of the Federation and Minister of Justice must make available the information requested within 7 days of the request.”

In the letter dated 8 July 2023 sent to President Tinubu on the judgment, and signed by SERAP deputy director, Kolawole Oluwadare, the organization said, “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.”

SERAP’s letter, read in part: “We urge you to direct the Ministry of Finance and the office of the Attorney General of the Federation to immediately compile and release the spending details of recovered Abacha loot as ordered by the court.”

“The immediate enforcement and implementation of the judgment by your government will be a victory for the rule of law, transparency and accountability in the governance processes and management of public resources including the $5bn Abacha loot.”

“By immediately complying with the judgment, your government will be demonstrating to Nigerians that it is different from the Buhari government, which persistently and brazenly defied the country’s judiciary, and sending a powerful message to politicians and others that there will be no impunity for grand corruption.”

“Immediately implementing the judgment will restore trust and confidence in the independence of Nigeria’s judiciary. SERAP urges you to make a clean break with the past and take clear and decisive steps that demonstrate your commitment to the rule of law, transparency and accountability in the governance processes.”

“SERAP trusts that you will see compliance with this judgment as a central aspect of the rule of law; an essential stepping stone to constructing a basic institutional framework for legality and constitutionality. We therefore look forward to your positive response and action on the judgment.”

Joined as defendants in the suit are the Minister of Finance and the Attorney General of the Federation and the Minister of Justice.

Justice Omotosho granted the following orders of mandamus against the Nigerian government:

“AN ORDER OF MANDAMUS is hereby made directing and compelling the Federal Government [through the Ministry of Finance and the office of the Attorney General of the Federation and Minister of Justice to provide and disclose the following information to SERAP:

“[a] Exact amount of money stolen by General Sani Abacha from Nigeria, and the total amount of Abacha loot recovered and all agreements signed on same since the return of democracy in 1999 till date

“[b] Details of the projects executed with the recovered funds, locations of any such projects and the names of companies and contractors that carried or carrying out the projects

“[c] Details of specific roles played by the World Bank and other partners in the execution of any projects funded with Abacha loot since 1999

“AN ORDER OF MANDAMUS is hereby made directing and compelling the Federal Government to:

“[a] Refer any allegations of corruption involving the execution of projects with Abacha loot to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for investigation

“[b] Ensure that anyone involved in alleged corruption in projects executed with Abacha loot is brought to justice if there is relevant and sufficient admissible evidence.

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China, US Agree To Resume Trade Talks

Published

3 hours ago

October 18, 2025

Editor

China and the United States agreed on Saturday to conduct another round of trade negotiations in the coming week, as the world’s two biggest economies seek to avoid another damaging tit-for-tat tariff battle.

Beijing last week announced sweeping controls on the critical rare earths industry, prompting US President Donald Trump to threaten 100 percent tariffs on imports from China in retaliation.

Trump had also threatened to cancel his expected meeting with Chinese counterpart Xi Jinping in South Korea later this month on the sidelines of the Asia-Pacific Economic Cooperation (APEC) summit.

In the latest indication of efforts to resolve their dispute, Chinese state media reported that Vice Premier He Lifeng and US Treasury Secretary Scott Bessent had “candid, in-depth and constructive exchanges” during a Saturday morning call, and that both sides agreed to hold a new round of trade talks “as soon as possible”.

On social media, Bessent described the call as “frank and detailed”, and said they would meet “in-person next week to continue our discussions”.

Bessent had previously accused China of seeking to harm the rest of the world by tightening restrictions on rare earths, which are critical to everything from smartphones to guided missiles.

US Trade Representative Jamieson Greer also participated in the call, according to the report by Chinese state news agency Xinhua.

Hours before the call, Fox News released excerpts of an interview with Trump in which he said he would meet Xi at the APEC summit after all.

Trump told the outlet that the 100 percent tariff on goods from China was not sustainable.

“It’s not sustainable, but that’s what the number is… They forced me to do that,” he said.

The high-level video call came as Washington worked to rally Group of Seven finance ministers in response to the latest Chinese export controls.

For now, the G7 ministers have agreed to coordinate a short-term response and diversify suppliers, the EU’s economy commissioner Valdis Dombrovskis told reporters in Washington.

Speaking after the grouping met this week, Dombrovskis noted the vast majority of rare earth supplies come from China, meaning that diversification could take years.

“We agreed, both bilaterally with the US and at the G7 level, to coordinate our approach,” he said on the sidelines of the International Monetary Fund and World Bank’s fall meetings.

Countries would also exchange information on their contacts with Chinese counterparts as they work out short-term solutions, he added.

German Finance Minister Lars Klingbeil told journalists he hopes that Trump and Xi’s meeting can help to resolve much of the US-China trade conflict.

“We have made it clear within the G7 that we do not agree with China’s approach,” he added, referring to the group of Britain, Canada, France, Germany, Italy, Japan and the United States.

International Monetary Fund chief Kristalina Georgieva also expressed hope Friday for an agreement between the countries to cool tensions.

The US-China trade war reignited this year as Trump promised sweeping tariffs on imports soon after returning to office.

At one point, US-China tariffs escalated to triple-digit levels, effectively halting some trade as businesses waited for a resolution.

The two countries have since lowered their respective levies, but their truce has remained shaky.

AFP

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Morocco Jails Student One Year Over Gen Z Protest

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1 day ago

October 17, 2025

Editor

A student arrested during Morocco’s youth-led protests has been sentenced to one year in prison, his lawyer told AFP on Friday.

The case marks the first publicly known prison sentence linked to the kingdom’s Gen Z demonstrations, which have been held near-daily between late September and last week to demand social and political reforms.

The student was charged with “participating in an unauthorised and unarmed gathering” and “insulting the judicial police by providing false information”, lawyer Mohamed Nouini said.

“The ruling is unfair, and we will appeal,” he added, arguing that sit-ins did not require authorisation as per a Supreme Court precedent.

The lawyer said his client was arrested on September 30, three days after the protests erupted in the North African country.

According to a report by news website Hespress, citing another lawyer, the student’s arrest was “an unfortunate coincidence” as he was in Casablanca for a family visit.

The other lawyer, Mohamed Lakhdar, told the judge the student had “not insulted” police nor provided false information, telling them he “was just a student”, according to the report.

Hundreds were arrested during the early days of the largely peaceful demonstrations.

Some cities had seen spates of violence and acts of vandalism, while authorities have said three people were killed by police acting in “self-defence” during clashes in a village near Agadir.

The Moroccan Association for Human Rights (AMDH) has said roughly 550 people are facing prosecution on suspicion of joining the protests, with some still in detention.

The organisers of the online-based movement behind the nationwide protests, the GenZ 212 youth collective, remain unknown.

The collective has called for “peaceful sit-ins” on Saturday and demanded the release of those arrested during the demonstrations.

The protest came after the deaths of eight pregnant women during Caesarean sections at a hospital in Agadir.

But protesters have also demanded reforms to the education system and a change of government.
AFP

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Trump Refiles $15bn Defamation Lawsuit Against New York Times

Published

1 day ago

October 17, 2025

Editor

US President Donald Trump has refiled a $15 billion defamation lawsuit against The New York Times, court documents show, weeks after it was thrown out by a federal judge.

Trump has intensified his long-established hostility toward the media since his return to the White House, and the suit is one of numerous attacks against news organizations he accuses of bias against him.

The Times’ complaint was thrown out in September because District Judge Steven Merryday took exception to its florid writing, repetitive and laudatory praise of Trump, and its excessive 85-page length.

The suit filed Thursday in Florida and seen by AFP runs to less than half the length, at 40 pages.

It takes aim at “false, defamatory, and malicious publications”, highlighting a book and two Times articles.

The lawsuit named the newspaper, three Times reporters and the publisher Penguin Random House as defendants.

It accuses them of making defamatory statements against Trump “with actual malice.”

“The statements in question wrongly defame and disparage President Trump’s hard-earned professional reputation, which he painstakingly built for decades” before entering the White House, the lawsuit says.

The court was asked to grant compensatory damages of not less than $15 billion and additional punitive damages “in an amount to be determined upon trial.”

Trump’s attacks on media outlets have seen him restrict access, badmouth journalists critical of his administration, and bring lawsuits demanding huge amounts of compensation.

In July, Trump sued media magnate Rupert Murdoch and The Wall Street Journal for at least $10 billion after it reported on the existence of a book and a letter he allegedly sent to sex offender Jeffrey Epstein.

Paramount settled Trump’s lawsuit over election coverage on CBS News’ flagship show “60 Minutes” for $16 million the same month. He had alleged that the program deceptively edited an interview with his 2024 election rival, Kamala Harris, in her favor.

AFP