By Paul Dada

A Federal High Court sitting in Lagos  has ordered 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 court in a judgment  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, including on a dedicated website.”

The judgment was delivered by Hon Justice M.B. Idris followed 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:

1.    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

2.    A DECLARATION is hereby made that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the 1^st 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:

(a)  Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

(b)  The amount that has been spent from the recovered stolen public assets and the objects of such spending

(c)  Details of projects on which recovered stolen public assets were spent

3.    AN ORDER OF MANDAMUSis made 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:

(a)  Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

(b)  The amount that has been spent from the recovered stolen public assets and the objects of such spending

(c)  Details of projects on which recovered stolen public assets were spent.