A Federal High Court sitting in Lagos today ordered the Federal Government to “immediately release to Nigerians information about the names of high ranking public officials from whom public funds were recovered and the circumstances under which funds were recovered, as well as the exact amount of funds recovered from each public official.”

The judgment was delivered today by Hon Justice Hadiza Rabiu Shagari following a Freedom of Information suit number: FHC/CS/964/2016 brought by Socio-Economic Rights and Accountability Project (SERAP).

The suit followed disclosure last year by the Federal Government of funds recovered from some high-ranking public officials and private individuals.

In her judgment Justice Shagari agreed with SERAP that “the Federal Government has a legally binding obligations to tell Nigerians the names of all suspected looters of the public treasury past and present.” Joined as Defendants in the suit are the Minister of Information Alhaji Lai Muhammed and the Federal Ministry of Information and Culture.

Justice Shagari also granted the following reliefs:

A DECLARATION that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the Defendants are under a binding legal obligation to provide the Plaintiff with up to date information relating to the following:

To widely disseminate including on a dedicated website information about the names of high ranking public officials from whom public funds were recovered since May 2015
The circumstances under which stolen public funds were returned

SERAP is now processing a certified true copy of the judgment.

Timothy Adewale, SERAP deputy director who argued the case on behalf of SERAP and was in court this morning when the judgment was delivered said “This is a victory for justice, rule of law, transparency and accountability in this country. The judgment shows the way forward in the fight against corruption and impunity of perpetrators. We will do everything within the law to ensure full compliance by President Mohammadu Buhari and Acting President Osinbajo with this landmark judgment.

It would be recalled that the Ministry of Information last year published details of the recoveries, which showed that the Nigerian government successfully retrieved total cash amount N78,325,354,631.82, $185,119,584.61, £3,508,355.46 and €11, 250 between May 29, 2015 and May 25, 2016. Also released were recoveries under interim forfeiture, which were a combination of cash and assets, during the same period: N126,563,481,095.43, $9,090,243,920.15, £2,484,447.55 and €303,399.17. Anticipated repatriation from foreign countries totalled: $321,316,726.1, £6,900,000 and €11,826.11. The ministry also announced that 239 non-cash recoveries were made during the one-year period. The non-cash recoveries are – farmlands, plots of land, uncompleted buildings, completed buildings, vehicles and maritime vessels.


Subsequently, SERAP issued an FOI request and gave the Minister of Information, Alhaji Lai Muhammed 14 days to disclose the names of all suspected looters.

The request reads in part: “While we believe that suspects generally are entitled to be presumed innocent until proven guilty by a court of competent jurisdiction, SERAP opposes blanket non-disclosure of names of high-ranking public officials from whom some of the funds were recovered.”

“SERAP insists that the public interest to know is greater than any other legitimate interest that the government might wish to protect. The Nigerian government has an obligation to balance whether the risk of harm to the legitimate aim (that is secrecy of ongoing corruption investigation and presumption of innocence) from disclosure of the names of public officials is greater than the public interest in accessing the information.”

“According to public interest test, even if the government demonstrates that the publication of the names of public officials would substantially harm a legitimate interest, it is nevertheless obliged to disclose the requested information if, as it is the case here, the public interest in disclosure is sufficient enough to overweigh the harm.”

“SERAP believes that the recoveries, specifically from high-ranking public officials (and not private individuals), are matters of public interest. Publishing the names of those public officials will provide insights relevant to the public debate on the ongoing efforts to prevent and combat a culture of grand corruption and the longstanding impunity of perpetrators in the country.”

“The gravity of the crime of grand corruption, the devastating effects on the socially and economically vulnerable sectors of the population, and the fact that recovery of huge funds from high-ranking public officials entrusted with the public treasury raise a prima-facie case and therefore amount to exceptional circumstances that justify naming those high-ranking officials in the public interest.”

“SERAP also argues that Nigerians are entitled to the right to truth derived from the obligations of the government to carry out an investigation of violations of human rights and crime of corruption committed within its jurisdiction; to identify, prosecute and punish those responsible; and to ensure that victims have the simple and prompt recourse for protection against violation of fundamental rights, as well as to ensure transparency in public administration.”

“SERAP believes that the right to truth allows Nigerians to gain access to information essential to the fight against corruption and in turn development of democratic institutions as well as provides a form of reparation to victims of grand corruption in the country.”

“Publishing the names of public officials involved could go a long way in preventing senior public officials from turning the public treasury into a private cashbox. SERAP argues that the public interest in publishing the names of the high-ranking government officials from whom funds were received outweighs any considerations to withhold the information, as there would be no prejudice against those whose names are published as long as the information is appropriately framed and truthful.”

“There is a general public interest in promoting transparency, accountability, public understanding and involvement in the democratic process. While the government in some limited cases can legitimately place restrictions on the public’s right to access certain information, attempts of the Nigerian authorities to justify the total closure of information related to the names of public officials from whom funds were recovered on the basis of “ongoing criminal investigation” and “presumption of innocence goes far beyond the limitations allowed under international law, and would promote secret recoveries.”

“The information being requested is not related to detailed investigatory activities of anticorruption agencies regarding the recoveries so far made. Similarly, the mere fact that the information being requested is related to ongoing investigation does not necessarily mean that the information could not be disclosed. In addition, governmental agency has the obligation to prove that the disclosure of the names of public officials would disrupt, impede, or otherwise harm the ongoing or pending investigations or presumption of innocence.”

https://www.google.com.ng/amp/www.vanguardngr.com/2017/07/court-orders-buhari-osinbajo-tell-nigerians-names-suspected-looters/amp/

Senate should use this opportunity to impeach Buhari and Osinbajo if they refuse to follow this court order.

If this government can publish Saraki's crimes, Patience Jonathan's, Diezani's and etc crimes then Pastor Adeboye's and co including all Obas in Yorubaland and co crimes should published.

Go ahead if the court says so.

N78,325,354,631.82, $185,119,584.61, £3,508,355.46
N126,563,481,095.43, $9,090,243,920.15, 321,316,726.1, £6,900,000.
Hmmm, abeg I'm not understanding. Are all these numbers GSM numbers?

They should go ahead and say it out

I am fully in support of this judgment


We need to write their name in the HALL OF SHAME so that generation unborn will live to know about it

Great

Buhari and his moronic APC were masturbating themselves to stupor as the one year anniversary of this evil regime approaches by announcing gleefully that their package gift for that event will be the publishing the names of all looters including the so called 55 PDP members that looted Nigeria dry but their frenzy end up as one of their propaganda stunt.Of course the names also involved some notorious sacred cows of the APC.Now a law court have compelled them to eat their own vomit again.Ngwaanu-Lai Muhammed give us your party excuse.

Which court wan order president ?

Even NASS and SP no fit "Order" I dunno why people like to look for the Fiiiin in the bottom of koko yam


When the name is revealed i will bet 1M the usual corruption defenders will not be satisfied , they'll accuse presidency of shielding other people


Or they will accuse presidency of lying against their brothers and sons / daughters of the soil


My GrandMa lived upto 98 because why ?

she always minds her business

You will see how the useless, inept, clueless, corrupt, satanic, wicked, demonic, vampire and blood thirsty criminal APC led federal government will dance kankankami around this order, useless government led by useless criminals who have stolen so much and the masses are dying daily, sighs

AngelicBeing:
You will see how the useless, inept, clueless, corrupt, satanic, wicked, demonic, vampire and blood thirsty criminal APC led federal government will dance kankankami around this order, useless government led by useless criminals who have stolen so much and the masses are dying daily, sighs

I'm telling you bro.The hypocrisy of the APC is nauseating.

Although this news is sourceless , i see them peeping and writing rubbish because it attacks Buhari's presidency

However a look into a not so distant pasts shows that some ediots were asking where is the money , what did they use it for

They asked for Video and when they got video of Ikoyi loot they called it fake asking why EFCC had camera with them

then they said it belonged to Amaechi when the building infact belongs to PDP cheiftain and a GEJ's loyal servant / group

Now apparently

It would be recalled that the Ministry of Information last year published details of the recoveries, which showed that the Nigerian government successfully retrieved total cash amount N78,325,354,631.82, $185,119,584.61, £3,508,355.46 and €11, 250 between May 29, 2015 and May 25, 2016. Also released were recoveries under interim forfeiture, which were a combination of cash and assets, during the same period: N126,563,481,095.43, $9,090,243,920.15, £2,484,447.55 and €303,399.17. Anticipated repatriation from foreign countries totalled: $321,316,726.1, £6,900,000 and €11,826.11. The ministry also announced that 239 non-cash recoveries were made during the one-year period. The non-cash recoveries are – farmlands, plots of land, uncompleted buildings, completed buildings, vehicles and maritime vessels.

they are agreeing that all these monies was really recovered


Hypocrites born and bred by hypocrites

GMBuhari:
Which court wan order president ?

Even NASS and SP no fit "Order" I dunno why people like to look for the Fiiiin in the bottom of koko yam


When the name is revealed i will bet 1M the usual corruption defenders will not be satisfied , they'll accuse presidency of shielding other people


Or they will accuse presidency of lying against their brothers and sons / daughters of the soil


My GrandMa lived upto 98 because why ?

she always minds her business

Why did the presidency shielded the grass-cutter executive crook then later turn to shameless indict him What have happened to the Abba Kyari's #500million MTN scandal? What about the Danbazzuo's indictment in the arms probe scandal as well as Buratai's involvement as the procurement officer during the period under review as well as the source of his Dubai investments? You guys said Buhari's largesse of the so called arms monies was his "statutory entitlement" being the Saint he is right? Why was the committee & its report disbanded? Tell us that untouchable APC crooks were implicated.So you see your hypocrisy.When you point a finger against someone,do remember the other four are pointing at you.Sense fall on you.

GMBuhari:
Although this news is sourceless , i see them peeping and writing rubbish because it attacks Buhari's presidency

However a look into a not so distant pasts shows that some ediots were asking where is the money , what did they use it for

They asked for Video and when they got video of Ikoyi loot they called it fake asking why EFCC had camera with them

then they said it belonged to Amaechi when the building infact belongs to PDP cheiftain and a GEJ's loyal servant / group

Now apparently they are agreeing that all these monies was really recovered


Hypocrites born and bred by hypocrites

You have said it all same fools believe money was not looted but recovered loots must be made public.

Good development but waste of time. APC government don't obey court orders

Buhari and court orders against him or compelling him to do something are a waste of time. He certainly will not obey.

Lets see if the government will obey the court's order.

I agree the probing has been going on for long now without top dogs going down.


See signature

How does this stop the hardship?

How does this translate to Naira and Kobo?

Nigerians are more concerned with an improved standard of living than a worthless List of thieves

Court order here and there. The same court that let Saraki off the hook recently! Nigeria! What a nation!

Hmmmm lets see if our government will obey

ok

Nigeria is full of drama.. Do they need court orders before they know it's so compulsory we know the looters..smh

vedaxcool:


You have said it all same fools believe money was not looted but recovered loots must be made public.

its just another way of actually proving monies where recovered . Make we wait and see if any names go show . But I bet you my last pound No name go show

which names,which court... Wait,wait,wait,so some people stil believe this gullible lies that certain monies were recovered? all this are all lies just to prove a point that that ndanama President is working.. If really monies were recovered,why is the government stil borrowing and incurring more debts? Until BUHARI shows me his certificate, I would never take this government serious

greatiyk4u:
I am fully in support of this judgment


We need to write their name in the HALL OF SHAME so that generation unborn will live to know about it

There is only one "hall of fame"....wall of shame you mean?

If they mention the names of the corrupt and thieving politicians we all know,

Make ewedu leaves fall on me!

I've been waiting for this a long time ago, where have they been keeping all the money they've recovered or what have they been using it for, they only promised to use the money to improve the economy but there have not been an improvement so far, they are there covering the looters who are supposed to be disgraced publicly

Buhari is dead na

I love SERAP
with all my hrt... how can I join ? mbok any idea ?