Human rights lawyer,  Femi Falana SAN, has filed a lawsuit before the Federal High Court in Abuja seeking to compel the Nigerian Senate to disclose the report of its Committee on Public Accounts concerning alleged financial discrepancies amounting to over N210 trillion in the audited financial statements of the Nigerian National Petroleum Company Limited (NNPCL) covering the period 2017 to 2023.

The suit, with number FHC/ABJ/CS/783/2026 and brought pursuant to the Freedom of Information Act, 2010 and the provisions of Order 34 of the Federal High Court (Civil Procedure) Rules on judicial review, is seeking an order of mandamus directing the Senate to immediately release the report and related information to the Applicant and the Nigerian public.

According to court documents filed before the Federal High Court, the Senate Committee on Public Accounts reportedly identified and queried alleged financial discrepancies totalling approximately N210 trillion in NNPCL’s audited financial records. The Committee reportedly described several transactions and entries as “unexplained” or “unsubstantiated” and subsequently invited current and former officials of the company, including former Group Chief Executive Officer Mele Kyari, to provide explanations and supporting documentation.

Falana had by a letter dated March 13, 2026 requested access to the Committee’s report and related records under the Freedom of Information Act, seeking transparency and accountability in the management of Nigeria’s petroleum resources, The request was delivered to the office of the Clerk of the Senate on March 16, 2026. However, despite acknowledging receipt of the request, the Senate failed and refused to provide the requested information or offer any lawful justification for withholding it.

In the suit, Falana argued that the refusal of the Senate to release the report violates the Freedom of Information Act and undermines the constitutional right of Nigerians to receive information on matters of public concern. Falana also argued that Section 1(1) of the Freedom of Information Act establishes the right of every person to access information held by public institutions, regardless of the purpose for which the information is sought. The suit further relies on Section 39 of the Nigerian Constitution 1999 (as amended), which guarantees the right to receive and impart information without interference.

According to Falana: “Transparency in the management of public resources is a cornerstone of democratic governance and that public institutions cannot lawfully withhold information of significant public interest without relying on any of the exemptions expressly provided by law.” The suit also invokes established judicial authorities on the remedy of mandamus, including Fawehinmi v. Inspector-General of Police and Shitta-Bey v. Federal Public Service Commission, which affirm the power of courts to compel public authorities to perform statutory and public duties where they have failed or refused to do so.

Falana is further arguing that the Senate’s continued refusal to release the report deprives Nigerians of access to information concerning one of the largest alleged financial discrepancies ever raised in relation to a public institution and undermines the principles of openness, accountability and responsible governance. The lawsuit, read in part: “The Applicant is empowered by Section 1 of the Freedom of Information Act 2010 to request information or records in custody of any public agency in the Federal Republic of Nigeria. The Respondent (the Senate) is the upper chamber of the National Assembly.”

“The Nigerian Senate through its Public Accounts Committee investigated the finances of the Nigerian National Petroleum Company Limited (NNPCL) from 2017–2023.”

“In cause of the investigation the committee flagged ₦210 trillion in the company’s audited financial statements as ‘unexplained’ or ‘unsubstantiated’ because the explanations given by NNPCL were considered inadequate the Senate consequently Summoned current and former top officials (including former GCEO Mele Kyari) Gave them deadlines to appear and provide detailed breakdowns.”

“In order to promote public accountability the Applicant by an application requesting to be furnished with the details of the Report of the Senate Committee on Public Accounts on the alleged financial discrepancies totaling N210 trillion in the audited financial statement of the Nigeria National Petroleum Company Limited from 2017 to 2023.”

“The Respondent herein has refused to accede to the Applicant’s request to furnish the applicant and other Nigerians with information regarding the Report of the Senate Committee on Public Accounts on the alleged financial discrepancies totalling N210 trillion in the audited financial statement of the Nigeria National Petroleum Company Limited from 2017 to 2023.”

“The Respondent to furnish the Applicant with the details requested for is unlawful and in contravention of the provisions of the Freedom of Information Act.”
“A prerogative writ of mandamus can be issued or ordered by the court to secure or compel the Respondent to furnish the Applicants with information regarding the Report of the Senate Committee on Public Accounts on the alleged financial discrepancies totalling N210 trillion in the audited financial statement of the Nigeria National Petroleum Company Limited from 2017 to 2023 under Section 20 of the Freedom of Information Act 2010.”

“The Applicant pursuant to the Freedom of Information Act and via a letter dated 13th of March, 2026 requested for information regarding the Report of the Senate Committee on Public Accounts on the alleged financial discrepancies totalling N210 trillion in the audited financial statement of the Nigeria National Petroleum Company Limited from 2017 to 2023). Attached herewith and marked Exhibit A.”
“The said letter was deliver to the clerk of the Senate on the 16th March 2026. In spite the acknowledgment of the receipt of the Applicant’s letter of request by the Respondent, it is saddening that the respondent refused to accede to the Applicants request without justification.”

“The Applicant avers that the Respondent has failed to make available the information requested and in total disregard to the law. Till date the Respondent has failed to furnish the Applicant with the information requested in Exhibit A. The respondent has failed to act in accordance with the Freedom of Information Act as it relates to the request of the Applicant herein.”

“The intervention of this Honourable Court is required to compel the Respondent to comply with the clear and unambiguous provisions of the Freedom of Information Act.” “The Respondent has refused to perform its statutory duty to furnish the Applicant with information regarding the Report of the Senate Committee on Public Accounts on the alleged financial discrepancies totalling N210 trillion in the audited financial statement of the Nigeria National Petroleum Company Limited from 2017 to 2023.

“By the express and unambiguous provisions of Section 1(1) of the Freedom of Information Act 2010, it is crystal clear that the right of the applicant in the instant suit to access records from the respondent being a public official is established.” “Section 39 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) rightly provides as follows: ‘Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.’”

“The failure of the Respondent to furnish the Applicant with information regarding the Report of the Senate Committee on Public Accounts on the alleged financial discrepancies totalling N210 trillion in the audited financial statement of the Nigeria National Petroleum Company Limited from 2017 to 2023 is an action in breach of statutory provisions, thus, necessitating the intervention of the court.”

“The failure of the Respondent to furnish the Applicant with information regarding the Report of the Senate Committee on Public Accounts on the alleged financial discrepancies totalling N210 trillion in the audited financial statement of the Nigeria National Petroleum Company Limited from 2017 to 2023 is a failure to comply with the provisions of the Freedom of Information Act 2010 and to perform public duty and as such a prerogative writ of mandamus can be invoked.”

“For mandamus to issue, the law is that there must be a legal right on the performance, by the person or body against whom he applies and not merely private character.”
“Furthermore, it is provided in Order 34 (1) of the Rules of this Court as follows: ‘No application for judicial review shall be made unless the leave of the court has been obtained in accordance with this rule.’”

“We urge Your Lordship to grant this application to enable the Applicant to put the respondent on notice to justify their action. Furthermore, it is trite that where a statute provides a particular method of performing a duty that method alone and no other must be adopted and complied with.”
“This application is in compliance with the rules of this Honourable Court and an application of this nature is granted solely on the discretion of my noble Lord, such discretion which must be exercised judicially and judiciously and in the interest of justice.”

“Considering the facts of this case and surrounding circumstances, there is a manifest defect in justice which can only be remedied if leave is granted to the applicants to apply for judicial review. We therefore urge your Lordship to exercise is discretion in favour of the Applicant.”
“The only remedy available to the Applicant herein is to apply for judicial review by which the Respondent can be mandated to perform its public and statutory responsibility. Consequently, granting this application will advance the cause of justice.”

Mr Falana is asking the Court for the following reliefs:
1. A DECLARATION that the refusal of the Respondent to furnish the applicant with information concerning the Report of the Senate Committee on Public Accounts on the alleged financial discrepancies totalling N210 trillion in the audited financial statement of the Nigeria National Petroleum Company Limited from 2017 to 2023 is unlawful and a contravention of the Freedom of Information Act 2010.

2. AN ORDER OF MANDAMUS compelling the Respondent herein to immediately furnish the applicant with information the Report of the Senate Committee on Public Accounts on the alleged financial discrepancies totalling N210 trillion in the audited financial statement of the Nigeria National Petroleum Company Limited from 2017 to 2023.

3. For such further orders as the Honourable Court may deem fit to make in the circumstances.

No date has been fixed for the hearing of the suit.

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