SERAP warns of contempt action over failure to release NDDC audit report

The Socio-Economic Rights and Accountability Project (SERAP) has issued a stern warning to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, threatening to initiate contempt proceedings over the continued failure to enforce a court judgment ordering the publication of the Niger Delta Development Commission (NDDC) forensic audit report and the names of individuals allegedly implicated in massive financial mismanagement.
In a letter dated December 13, 2025, SERAP accused the Attorney General and President Bola Tinubu of disregarding a binding judgment of the Federal High Court, Abuja, delivered on November 10, 2025, by Justice Gladys Olotu.
The ruling followed a Freedom of Information suit filed by SERAP, which sought public disclosure of findings from the long-awaited forensic audit of the NDDC.
According to SERAP, the court expressly directed the Attorney General and the President to ensure the immediate publication of the audit report, which allegedly details the misappropriation of about N6 trillion linked to 13,777 abandoned projects executed by the NDDC between 2000 and 2019.
The judgment also ordered that the names of those indicted in the report be made available to the public.
Signed by SERAP’s Deputy Director, Kolawole Oluwadare, the letter described the government’s inaction as a serious affront to the rule of law and a mockery of Nigeria’s judicial system.
The organisation argued that the refusal to comply with the judgment violates Section 287(1) of the 1999 Constitution, which mandates all authorities and persons to enforce court decisions throughout the federation.
SERAP warned that continued non-compliance exposes responsible officials to contempt proceedings, including the possibility of personal liability.
The group stressed that the judgment is final, binding and immediately enforceable, not merely advisory, and that failure to obey it undermines constitutional governance.
The organisation also contended that the refusal to release the report is encouraging corruption and entrenching a culture of impunity within ministries, departments and agencies.
It added that such conduct was! inconsistent with Nigeria’s international human rights obligations, particularly in relation to transparency, accountability and access to information.
SERAP reminded the Attorney General of his role as the chief law officer of the federation, noting that he has a constitutional duty to uphold the rule of law, advise the government to comply with court orders and act in the public interest.
It argued that enforcing the judgment would demonstrate the Tinubu administration’s commitment to ending years of alleged corruption in the management of public funds, especially in the oil-rich Niger Delta region.
The group also cited past judicial authorities, including the Supreme Court’s decision in Governor of Lagos State v. Ojukwu, which held that a government that disobeys court orders invites anarchy and erodes the foundations of the rule of law.
SERAP gave the Attorney General a seven-day ultimatum to take steps to enforce the judgment, warning that failure to do so would leave the organisation with no option but to approach the court to seek contempt sanctions.
In her ruling, Justice Olotu held that the NDDC forensic audit report and the names of those indicted qualify as public records under the Freedom of Information Act and are not exempt from disclosure, as they relate directly to the management and use of public funds.
As pressure mounts, the case has renewed public debate over transparency, accountability and the federal government’s willingness to comply with judicial orders in high-profile corruption-related matters.



