SERAP Threatens Contempt Suit Against AGF Fagbemi Over NDDC Forensic Audit Report

The Socio-Economic Rights and Accountability Project (SERAP) has threatened to initiate contempt proceedings against the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), over the continued failure of the federal government to publish the forensic audit report of the Niger Delta Development Commission (NDDC).

In a letter addressed to the Attorney-General and dated December 13, SERAP accused the AGF of disregarding a binding order of the Federal High Court which directed the government to release the long-awaited audit report to the public. The organisation warned that unless the judgment is obeyed within a stipulated timeframe, it will approach the court to commence contempt proceedings against Mr Fagbemi. SERAP explained that the forensic audit report, which was commissioned to probe alleged corruption, contract inflation and mismanagement within the NDDC, was completed and submitted to the federal government in September 2021. Despite repeated public assurances by successive administrations that the report would be made public, the document has remained unpublished more than four years after its submission. According to the rights group, a Federal High Court had, in a recent judgment delivered in its favour, ordered the Attorney-General and relevant government authorities to publish and make the audit report accessible to Nigerians in line with the Freedom of Information Act. SERAP said the failure to comply with the ruling amounts to contempt of court and a violation of citizens’ right to know how public funds were managed. The organisation stressed that the audit reportedly covers expenditures running into trillions of naira and contains findings that are critical to accountability, transparency and the fight against corruption in the Niger Delta region. SERAP argued that continued secrecy surrounding the report fuels public suspicion and undermines trust in government anti-corruption commitments. SERAP also warned that disobedience to court orders by top government officials sets a dangerous precedent for the rule of law, insisting that no public officer is above the law. It urged the Attorney-General, as the chief law officer of the federation, to lead by example by ensuring immediate compliance with the judgment. As of the time of filing this report, the Office of the Attorney-General had not issued an official response to SERAP’s threat. The development adds to growing pressure on the federal government to release the NDDC forensic audit report, which many stakeholders believe is key to addressing decades of alleged financial abuse and developmental failure in the oil-rich Niger Delta.