A Federal High Court sitting in Port Harcourt has struck out a legal action seeking the release of the forensic audit report of the Niger Delta Development Commission (NDDC).
The suit was filed by Paul Arochukwu Ogbonna alongside another applicant, acting on behalf of Social Action, in a bid to compel authorities to make the audit findings publicly available.
The case originated in 2022 after the then Ministry of Niger Delta Affairs failed to disclose the report. Following the dissolution of the ministry by Bola Tinubu, the plaintiffs amended their filing to reflect the change, naming the Attorney General of the Federation as the defendant.
However, in his ruling delivered on Tuesday, Justice Turaki Mohammed struck out the case, citing the fact that the original suit was instituted against an agency that no longer exists, thereby affecting the validity of the proceedings.
Speaking after the ruling, counsel to the plaintiffs, Victor Nweke, expressed dissatisfaction with the outcome and indicated that fresh legal steps would be taken.
He said:
“We are not satisfied because we will come back. The matter was not dismissed, it was merely struck out.
“We still have the power. The court has the requisite jurisdiction to equally entertain the matter again.
“So, we are going to file the suit again and that information the government has refused to give to us must be given because the Freedom of Information Act 2011, made it explicitly clear that citizens of the Federal Republic of Nigeria are entitled to any document that is in the custody of any public office in Nigeria.”
Ogbonna also reiterated that the case is part of a wider anti-corruption campaign, emphasizing that transparency and accountability require public access to such reports.
The development suggests the matter may return to court, as the plaintiffs pursue fresh legal avenues to obtain the audit report.
