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

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.”
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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.”
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“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.”
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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.
VANGUARD
Headline
Judge Orders Trump White House To Restore Access To Banned Media Outlets

A US federal judge has ordered the Trump administration to temporarily restore White House access to journalists from CNN, MS NOW and Politico after the three news organisations challenged their exclusion from the presidential complex.
US District Judge Timothy Kelly issued a 14-day temporary restraining order early Thursday, directing the White House to immediately return, reinstate and restore the press credentials of journalists from the three outlets.
The ruling followed a lawsuit filed on Monday by CNN, MS NOW and Politico, which challenged President Donald Trump’s decision to bar their reporters from the White House.
Trump announced the ban on September 18, accusing the outlets of repeatedly publishing what he described as “FAKE NEWS” and negative coverage of his administration.
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The three organisations argued that the administration’s action violated their First Amendment rights and deprived their journalists of due process under the Fifth Amendment.
In his ruling, Kelly said the outlets were likely to succeed in showing that their press credentials had been revoked without constitutionally adequate due process.
The judge also rejected the administration’s argument that national security concerns justified the restrictions.
“The record lacks factual support for defendants’ contention that the revocation of plaintiffs’ hard passes will in fact protect national security or that national security will be endangered if the court orders their passes reinstated while this litigation proceeds,” Kelly wrote.
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He also noted that Trump had focused on the outlets’ reporting when announcing the ban rather than national security concerns.
“Certainly, that is not what President Trump said when he announced that he was ‘banning’ plaintiffs from the White House—instead, he focused on the alleged lack of truthfulness and negativity of plaintiffs’ reporting,” the judge wrote.
The administration had argued in court that access to the White House was a privilege rather than a right and that the outlets’ reporting raised concerns about national security and professionalism.
The Justice Department is expected to appeal the ruling.
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Trump had previously said he would probably allow the three organisations back into the White House if a court ruled against his decision.
The dispute began when reporters from CNN, MS NOW and Politico were turned away from the White House after their press credentials were revoked.
The decision also affected the White House television pool. CNN had been scheduled to travel with Trump to New York for the United Nations General Assembly as part of the pool, but its removal led the other participating television networks to suspend the pool in solidarity.
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Other media organisations also joined the legal challenge indirectly by filing a friend-of-the-court brief supporting the three outlets.
The case now moves forward with the temporary restraining order in place for 14 days. During that period, the court is expected to consider whether longer-lasting relief should be granted.
The ruling comes as Trump faces a series of high-profile events at the White House, including his scheduled meeting with Chinese President Xi Jinping.
The administration and the three news organisations are expected to continue their legal arguments as the court considers the broader dispute over press access and the constitutional rights of journalists covering the president.
(TimeMagazine)
Headline
Man Charged After Fatal Southall Collision
A 20-year-old man has been charged after a fatal road collision in Southall, west London, which claimed the life of a 17-year-old passenger.
The Metropolitan Police said officers were called at about 1:04 a.m. on Saturday, September 19, following reports of a collision involving a Ford Mustang on South Road, Southall.
Officers attended the scene alongside paramedics from the London Ambulance Service and firefighters from the London Fire Brigade.
Despite efforts by emergency responders, 17-year-old passenger Ranbir Singh died at the scene.
His next of kin have been informed and are being supported by specialist officers.
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Another passenger, a 26-year-old man, sustained serious injuries in the collision and remains in hospital, according to police.
The driver of the vehicle, Sukhveer Singh, 20, of Townsend Road, Southall, was arrested at the scene.
He was subsequently charged on Sunday, September 20, with causing death by dangerous driving, aggravated vehicle taking and dangerous driving.
He was also charged with driving otherwise than in accordance with a licence and using a vehicle without insurance.
Singh appeared before Uxbridge Magistrates’ Court on Monday, September 21, and was remanded in custody.
He is due to appear at the Old Bailey on Monday, October 19.
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Detective Inspector Fiaz Janjua, from the Serious Collision Investigation Unit, said: “This is a truly tragic incident in which a young man has lost his life and another remains in hospital with serious injuries.
“Our deepest sympathies remain with Ranbir’s family and friends, who continue to be supported by specially trained officers. during this extremely difficult time.
“While a man has now been charged in connection with this collision, our investigation remains ongoing and we are continuing to establish the full circumstances leading up to the incident.
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“I would ask anyone who witnessed the collision, the manner of driving beforehand, or the movements of the Ford Mustang in the Southall area during the early hours of Saturday, 19 September, to come forward.”
Police are particularly appealing to anyone who may have CCTV footage, doorbell recordings, mobile phone footage or dashcam recordings that could assist the investigation.
The Met urged anyone with information to contact police on 101, quoting reference 01/8080469/26.
The force said the investigation remains ongoing as detectives work to establish the circumstances leading up to the collision.
(MetPolice)
Headline
Four Nations Back Permanent African Seat On UN Security Council

Four nations, Brazil, Germany, India and Japan, have backed a permanent African seat on the United Nations Security Council (UNSC), calling for urgent reform of the Council to reflect contemporary geopolitical realities.
The four countries, under the Group of Four (G4), made their position known in a joint statement issued after their foreign ministers met in New York on Tuesday on the margins of the 81st session of the UN General Assembly.
The ministers said reform of the Security Council had become more necessary than ever, given the increasingly challenging global geopolitical environment.
They said the Council was currently unable to effectively discharge its core responsibility of maintaining international peace and security, with its representativeness, legitimacy, credibility and efficacy in question.
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According to them, the Council’s eight-decade-old structure was “not reflective of contemporary geopolitical realities” and had become an impediment to addressing present and future challenges to international peace and security.
The ministers stressed that expansion of the Security Council in both the permanent and non-permanent categories was central to meaningful reform.
They called for greater representation of under-represented and unrepresented regions and groups, particularly Africa, Asia-Pacific, and Latin America and the Caribbean.
The four nations also welcomed the reform model presented by the African Group during the Inter-governmental Negotiations (IGN) on Security Council reform in the 80th session of the General Assembly.
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They reaffirmed their support for Africa’s case for enhanced representation on the Security Council, including in the permanent category.
The ministers, however, expressed concern over the slow pace of negotiations, noting that the IGN process had produced no concrete outcome towards substantive Security Council reform despite 18 years of discussions.
They also expressed reservations over the presentation of what they described as a “bridging proposal” before the commencement of text-based negotiations.
According to them, the proposal failed to take into account the position of a clear majority of UN member states in favour of expansion in both permanent and non-permanent categories.
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The ministers further maintained that consensus should not be the benchmark for decision-making on Security Council reform, citing the UN Charter and the mandate of the IGN.
They said Brazil, Germany, India and Japan would work with other reform-oriented groups to develop a consolidated model that reflects the views of the majority of UN member states.
The four countries said commencing text-based negotiations should be treated as a priority towards achieving substantive reform of the Security Council.
They said this would help restore the Council’s representativeness, legitimacy, credibility and effectiveness, while strengthening the multilateral system with the UN at its centre.
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The ministers also said discussions on reform should not be restricted to the IGN, expressing willingness to engage the wider UN membership through other platforms, including the General Assembly.
They pledged to continue coordinating closely during the 81st session of the General Assembly and directed their officials to follow up on the discussions.
Progress on the issue is expected to be reviewed at the next Director General-level meeting in New Delhi.
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