SERAP threatens contempt suit against AGF Fagbemi

Attorney General of the Federation, Lateef Fagbemi.
The Socio-Economic Rights and Accountability Project (SERAP) has urged the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, to immediately enforce a court judgment directing him and President Bola Tinubu to publish the names of individuals indicted in the alleged misappropriation of ₦6 trillion linked to abandoned projects and the operations of the Niger Delta Development Commission (NDDC) between 2000 and 2019.

The judgment was delivered on Monday, November 10, by Justice Gladys Olotu of the Federal High Court, Abuja, following a Freedom of Information (FOI) suit (No: FHC/ABJ/CS/1360/2021) filed by SERAP.

The court also ordered the AGF and the President to publish and make publicly available the NDDC forensic audit report submitted to the Federal Government on September 2, 2021.

In a letter dated December 13, 2025, and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation condemned what it described as the government’s continued failure to acknowledge and enforce the judgment.

“The continuing failure and/or refusal to publicly acknowledge the judgment and immediately enforce it makes a mockery of Nigeria’s legal and judicial processes and the rule of law,” SERAP said.

The group cited Section 287(1) of the 1999 Constitution (as amended), which mandates that decisions of Nigerian courts “shall be enforced in any part of the Federation by all authorities and persons,” stressing that the provision admits no exception.

According to SERAP, the refusal to comply with the judgment constitutes “a fundamental breach of both the letter and spirit of the Constitution and a direct assault on the rule of law,” warning that responsible officials risk contempt proceedings and personal liability.

SERAP further noted that obeying the judgment would reinforce constitutional supremacy, demonstrate respect for the rule of law, and align Nigeria with its international human rights obligations.

“The Attorney General, as the Chief Law Officer of the Federation, has a constitutional duty to uphold the Constitution, advise the government to comply with court decisions, and act in the public interest,” the letter said.

Despite the binding nature of the ruling and its service on both the AGF and the President, SERAP said the judgment had not been implemented, stressing that Justice Olotu’s decision was “final, binding, and immediately enforceable.”

The organisation warned that continued non-compliance was fuelling corruption and impunity across ministries, departments, and agencies, and undermining public confidence in the justice system.

SERAP also cautioned that failure to act within seven days of receiving the letter would compel it to initiate contempt proceedings to enforce compliance.

In her ruling, Justice Olotu held 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, noting that the information is not exempt under Sections 11–19 of the Act because it relates to the use and management of public funds.