The Socio-Economic Rights and Accountability Project, SERAP, has threatened to initiate contempt proceedings against the Attorney General of the Federation, AGF and Minister of Justice, Mr. Lateef Fagbemi, SAN, over his alleged failure to enforce a court judgement ordering the publication of names of individuals indicted in the alleged misappropriation of ₦6 trillion at the Niger Delta Development Commission, NDDC.
SERAP said the judgement also compels President Bola Tinubu to publish the NDDC forensic audit report covering activities of the commission between 2000 and 2019.
‘Court judgement exposes officials’ -SERAP
The judgement was delivered on Monday, November 10, 2025, by Justice Gladys Olotu of the Federal High Court, Abuja, in a Freedom of Information, FOI suit marked FHC/ABJ/CS/1360/2021, filed by SERAP.
Justice Olotu ordered the federal government to widely publish the names of those indicted in the alleged diversion of funds meant for 13,777 abandoned NDDC projects and to make public the forensic audit report submitted to the federal government on September 2, 2021.
In a letter dated December 13, 2025, signed by SERAP Deputy Director Kolawole Oluwadare, the organisation accused the AGF and the President of deliberately ignoring the binding court order.
“The continuing failure and/or refusal to publicly acknowledge the judgment and immediately enforce it make a mockery of the country’s legal and judicial processes and the rule of law,” SERAP stated.
SERAP cited Section 287(1) of the 1999 Constitution (as amended), which mandates all authorities and persons to enforce decisions of Nigerian courts.
“This constitutional provision admits no exception and leaves no ambiguity,” the organisation said, warning that continued non-compliance amounts to a fundamental breach of the Constitution and an assault on the rule of law.
SERAP warned that failure to obey the judgement exposes responsible officials to contempt proceedings, including personal liability.
“Justice Olotu’s judgment is not advisory; it is final, binding, and immediately enforceable against you and President Tinubu,” the letter read.
The organisation expressed concern that non-compliance is fueling corruption and impunity across ministries, departments and agencies, MDAs and undermining Nigeria’s international human rights obligations.
According to SERAP, enforcing the judgement would demonstrate respect for the rule of law and help restore public trust in the justice system.
Quoting the Supreme Court decision in Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621, SERAP noted that “the rule of law presupposes that the state is subject to the law” and that any government which disobeys court orders “invites anarchy.”
SERAP gave the AGF seven days to comply with the judgement, warning that it would pursue contempt proceedings if the order remains unenforced.
Justice Olotu held in her ruling that the NDDC forensic audit report and the names of those indicted qualify as public records under Section 31 of the Freedom of Information Act and are not exempt from disclosure because they relate to the use and management of public funds.
SERAP said immediate enforcement of the judgement would align with President Tinubu’s public commitments to address corruption, improve transparency, and enhance development in the Niger Delta region.
