It is sad that a public interest litigation seeking to recover N70 trillion, allegedly stashed away in 29 banks by some suspected looters, floundered until it was struck out by the court, for want of diligent prosecution. Justice Peter Lifu of the Federal High Court, Lagos, held: “From all indications, the instant case has clearly lost its stance as the plaintiffs/applicants seem not to be interested in the matter any longer, having failed consistently to be present in court since December 9, 2021.”

The judge noted that the Federal Government’s lawyers and the private lawyers that were granted a fiat to prosecute the matter were tardy in prosecuting it. According to media reports, the Federal Government and the Attorney-General of the Federation and Minister of Justice are the applicants in the suit marked FHC/L/CS/968/2021, while 17 commercial banks, Agip Oil Company Ltd and the Nigerian National Petroleum Corporation (NNPC), are the respondents.

The judge further noted that since the vacation of the interim order: “It has been back and forth, with various excuses, applications for adjournment at the instance of the plaintiffs/applicants counsel, Mohammed Ndarani (SAN).” He went on “The chambers of Femi Falana that just filed a Notice of Change of Counsel on the last adjourned date has suddenly withdrawn appearance today.” The judge wondered why the Federal Government’s lawyers have developed cold feet in the prosecution of the matter.

We acknowledge that it requires a lot of altruism on the part of private lawyers to diligently prosecute public interest litigation. It also requires a lot of free legal work and out-of-pocket expenses which the lawyers have to bear, to stay on course. In some instances, government agencies take steps which tend to frustrate the effort of the public interest litigation without realising the public benefits of such work. Indeed, where the fiat was given on the order of court, the issuing authority only grudgingly supports the prosecutor.

So, the public, who are the ultimate beneficiaries of public interest litigation need to know what happened to the suit instituted to recover and forfeit the sum of N70 trillion naira allegedly stashed in 29 bank accounts by suspected looters. Is it that there was no such money lying in the banks when the matter was instituted, or that the lawyers prosecuting the matter suddenly lost the passion or were frustrated by external forces to abandon the case?

If such huge sum is lying in the coffers of the banks named in the suit, then a fresh effort must be made to recover it, for the benefit of ordinary Nigerians. Such a humongous sum, if recovered, can help offset substantial part of the money Nigeria owes. Part of it can also help to address the huge infrastructure funding gap bedevilling the country. With the Federal Government’s 2023 budget standing at N20.51 trillion, the subject of litigation is more than three years budget.

Even while awaiting an application to resuscitate the case, Nigerians would want to know the sources of the alleged N70 trillion which is the subject of litigation. Who are those who allegedly stashed away such humongous resources belonging to Nigeria in the banks? If they are taxes which Nigeria did not realise, who are those involved in dereliction of duty? Nigerians need to know, and if they cannot be prosecuted for criminal breach of trust, they should be named and shamed.

For the general public, it is not enough to blame government officials and lawyers who abandoned such a public interest litigation. If indeed, such a humongous sum is lying in the banks, the incoming administration should pursue the case, and recover the N70 trillion for the benefit of the Nigerians.

Update news