Missing $2.1b, N3.1tr subsidy funds: Court grants order of mandamus compelling Tinubu to probe allegation

Justice Peter Lifu (JP) of a Federal High Court sitting in Lagos has granted the orders seeking leave to apply for judicial review of the published reports of the Auditor General of the Federation alleging unaccounted and missing of $2.1 billion USD and N3.1 trillion oil revenues budgeted as fuel subsidy payments.

The application seeking judicial review of the report was filed by the Incorporated Trustees of Socio-Economic Rights and Accountability Project (SERAP – applicant) in suit No FHC/L,/CS/1107/2023, while
Respondent to the suit is the President of the Federal Republic of Nigeria.

In a Motion Ex-parte dated and filed on 9th of June, 2023 before Justice Peter Lifu (JP), SERAP Trustees prayed for an order of the court granting it leave to apply for judicial review through an order of mandamus directing and compelling Nigeria’s President Tinubu to act on the prayers sought.

When the matter was called up before the court, the presiding judge asked the applicant to move its application which was ripe.

After the application was moved in terms by the applicant’s counsel, , the court held that; “Upon reading through the said motion, its supporting affidavit of thirty (30) paragraphs and seven (7) paragraphs of verifying affidavit, deposed to by Adewale Akinyemi, a Nigerian, male, Christian and Litigation Assistant of 2B Oyetola Street, off Ajanaku Street, off Salvation Bus Stop, Opebi, Ikeja, Lagos State, with exhibits marked A1 – A7 attached thereto and a written address signed by Adelanke Aremo, Esq., counsel to the applicant, all filed at the Federal High Court Registry, Ikoyi Lagos on the 9th day of June, 2023.

The court after hearing A.Y. Aremo Esq., counsel to the applicant move in terms of the motion paper and having carefully considered the application and submission of counsel, ordered as follows:

” That leave is hereby granted to the Applicant to apply for judicial review to enable the Applicant seek an order of mandamus directing and compelling the Respondent to set up a presidential panel of enquiry to promptly probe allegations in the reports published by the Auditor General of the Federation between 2016 to 2019 that $2.1 billion USD and N3.1 trillion public funds of oil revenues budgeted as fuel subsidy payments are missing and unaccounted for between 2016 and 2019.

” That leave is hereby granted to the Applicant to apply for judicial review to enable the Applicant seek an order of mandamus directing and compelling the Respondent to direct the anti-corruption agencies to promptly, thoroughly, independently, transparently and effectively probe all fuel subsidy paid by successive governments in Nigeria since the return of democracy in 1990.

” That leave is hereby granted to the Applicant to apply for judicial review to enable the Applicant seek an order of mandamus directing and compelling the anti-corruption agencies to duly name and shame anyone suspected to be responsible for the alleged widespread and systemic corruption in the use of oil revenues and the management of public funds budgeted as fuel subsidy, and to ensure that effective prosecution as well as the full recovery of any proceeds of crime.

” That leave is hereby granted to the Applicant to apply for judicial review to enable the Applicant seek an order of mandamus directing and compelling the Respondent to use any recovered proceeds of crime as palliatives to address the impact of the subsidy removal on poor Nigerians.

” That leave is hereby granted to the Applicant to apply for judicial review to enable the Applicant seek an order of mandamus directing and compelling the Respondent to put in place mechanisms for accountability and transparency in the oil sector.

” That in accordance with Order 34, Rule 5 (3) (4) of the Rules of this Court, the return date is hereby fixed on 8th day of November, 2023 for further proceedings.

These orders were issued at Lagos on October 24, 2023 under the Seal of the Court and by the hand of the presiding judge, Justice Peter Lifu (JP).