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

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2 years ago

July 9, 2023

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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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US Revokes Visas Of Foreigners Who Mocked Kirk’s Assassination

Published

1 day ago

October 15, 2025

Editor

The United States has revoked the visas of several foreign nationals who publicly mocked or celebrated the killing of American conservative activist Charlie Kirk, officials confirmed on Tuesday.

The State Department said the decision followed an internal review of social media posts deemed “offensive and contrary to U.S. values,” adding that the country “has no obligation to host foreigners who wish death on Americans.”

Kirk, 31, co-founder of the conservative youth group Turning Point USA and a strong ally of former President Donald Trump, was shot dead during a political rally on 10 September.

His killing drew widespread condemnation across the political spectrum, with many describing the act as a targeted attack on free speech.

According to U.S. authorities, at least six individuals from Argentina, South Africa, Brazil, Paraguay, Mexico, and Germany had their visas revoked after making comments online that celebrated Kirk’s murder or insulted his supporters.

Examples cited by officials included posts calling Kirk a racist who deserved it, and messages mocking grieving Americans.

“We will not tolerate foreigners who promote or celebrate acts of violence against U.S. citizens,” a State Department spokesperson said.

The move underscores Washington’s growing use of immigration powers to respond to online behaviour perceived as threatening or disrespectful towards the country.

The Department said it continues to monitor social media content for evidence of incitement or endorsement of violence.
Civil liberties advocates, however, have questioned the decision, arguing that revoking visas for social media comments could set a worrying precedent.

Officials maintained that the visa cancellations were lawful, limited in scope, and aimed at protecting national integrity.

“Freedom of speech does not extend to foreigners seeking the privilege of entry while glorifying violence,” the spokesperson added.

The United States has increased visa scrutiny in recent years, requiring applicants to disclose social media handles and online activity.

The policy, officials say, is designed to prevent extremist sympathisers or those expressing hostility towards the country from entering its borders

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Israeli PM Netanyahu Back In Court For Graft Trial

Published

1 day ago

October 15, 2025

Editor

Israel’s Prime Minister Benjamin Netanyahu was back in a Tel Aviv court on Wednesday for the latest hearing in his long-running corruption trial, which opened in May 2020.

The prime minister kept a smiling face as he and his entourage of several ministers from his conservative Likud party were heckled by protesters en route to the tribunal.

It comes after US President Donald Trump suggested on Monday that the Israeli premier should be pardoned in his three separate corruption cases.

His latest appearance at the Tel Aviv court also follows the return of the hostages taken by Hamas as part of Trump’s US-brokered plan to end the Israel-Hamas war in Gaza.

In one case, Netanyahu and his wife, Sara, are accused of accepting more than $260,000 worth of luxury goods, including champagne, cigars and jewellery, from billionaires in exchange for political favours.

In two other instances, Netanyahu is also charged with attempting to negotiate better press coverage from two Israeli media outlets. He has denied any wrongdoing, claiming to be the victim of a political plot.

During his current term, which started in late 2022, Netanyahu has proposed far-reaching judicial reforms that critics say sought to weaken the courts.

Those prompted massive protests that only abated after the onset of the Gaza war, sparked by Hamas’s October 7, 2023 attack on Israel.

In an address on Monday to the Israeli parliament, the Knesset, Trump told the chamber that Netanyahu should receive a pardon in the graft cases.

“Cigars and champagne, who the hell cares about that?” Trump joked, before asking his Israeli counterpart Isaac Herzog: “Why don’t you give him a pardon?”

The Israeli premier is also subject to an arrest warrant issued by the International Criminal Court (ICC) on suspicion of ordering war crimes in his government’s assault on Hamas militants in Gaza.

Netanyahu holds the record for the most years spent at the head of Israel’s government, having served 18 years in several stints as premier since 1996.

AFP

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FULL LIST: US Set To Carry Out Four Executions This Week

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1 day ago

October 15, 2025

Editor

A Florida man convicted of murdering two women he hired for sex was put to death by lethal injection on Tuesday, one of four executions to be carried out in the United States this week.

Samuel Smithers, 72, was sentenced to death in 1999 for the 1996 killings of Christy Cowan and Denise Roach in Tampa. They had been beaten and strangled and their bodies were found in a pond.

Smithers was executed at a Florida state prison at 6:15 pm (2215 GMT), the 14th execution in the southern state this year.

Another convicted murderer was also put to death by lethal injection in the midwestern state of Missouri on Tuesday.

The execution of Lance Shockley, 48, was carried out at 6:13 pm (2313 GMT) for the 2005 murder of a police sergeant, Carl Graham.

Graham was gunned down in an ambush at his home. The officer had been investigating a fatal car accident involving Shockley at the time.

Shockley maintained his innocence but his appeals were rejected by numerous courts, including the Supreme Court. Missouri Governor Mike Kehoe rejected his clemency request on Monday.

Two other executions are scheduled this week.

Charles Crawford, 59, is to be put to death by lethal injection in Mississippi on Wednesday for the 1994 rape and murder of Kristy Ray, a 20-year-old college student.

Richard Djerf, 55, is to be executed by lethal injection in Arizona on Friday for the brutal 1993 murders of four members of a Phoenix family.

In a letter last month apologizing for the crime, Djerf said he was ready to die and would not seek clemency.

“If I can’t find reason to spare my life, what reason would anyone else have?” he wrote.

There have been 37 executions in the United States this year, the most since 2013, when 39 inmates were put to death.

Florida has carried out the most executions with 14, followed by Texas with five and South Carolina and Alabama with four.

Thirty-one of this year’s executions have been carried out by lethal injection, two by firing squad and four by nitrogen hypoxia, which involves pumping nitrogen gas into a face mask, causing the prisoner to suffocate.

The use of nitrogen gas as a method of capital punishment has been denounced by United Nations experts as cruel and inhumane.

The death penalty has been abolished in 23 of the 50 US states, while three others — California, Oregon and Pennsylvania — have moratoriums in place.

President Donald Trump is a proponent of capital punishment and, on his first day in office, called for an expansion of its use “for the vilest crimes.”