Federal High Court Strikes Out Suit Seeking Release of NDDC Forensic Audit Report
A Federal High Court sitting in Port Harcourt has dismissed a legal action filed by Paul Arochukwu Ogbonna and another applicant against the Attorney General of the Federation (AGF), which aimed to compel the release of the long-awaited forensic audit report of the Niger Delta Development Commission (NDDC). The suit, registered under number CS/236/2022, was initiated in 2022 under the auspices of Social Action, following the refusal of the then Ministry of Niger Delta Affairs to grant the group access to the audit document.
Background and Legal Proceedings
The plaintiffs had approached the court to force the ministry, previously overseen by Godswill Akpabio, to make the audit report public. However, the case took a new turn when President Bola Tinubu dissolved the Ministry of Niger Delta Affairs upon assuming office. In response, the plaintiffs amended their legal processes to include the AGF as the appropriate representative of the Federal Government.
In delivering the judgment, Justice Turaki Mohammed struck out the suit, ruling it incompetent because it was originally filed against a non-existent government agency. Notably, the AGF did not have legal representation during the proceedings, but the plaintiffs' counsel, Victor Nweke, addressed journalists afterward, expressing dissatisfaction with the court's decision.
Reactions and Implications
Nweke maintained that the case was pursued in the public interest and revealed that his clients are considering further legal steps to ensure access to the audit report. Similarly, Ogbonna, who leads Social Action's legal team in Rivers State, described the judgment as a setback to transparency efforts. He emphasized that the suit is part of a broader anti-corruption campaign and insisted that Nigerians have a right to know how funds allocated to the NDDC were utilized.
The NDDC forensic audit report has remained a subject of intense national interest, with civil society groups persistently calling for its full disclosure to promote accountability and transparency in the management of resources in the Niger Delta region. This court ruling highlights ongoing challenges in accessing government documents and underscores the need for robust legal frameworks to support public interest litigation.
