Breaking Down the N128 Billion Hole
So where did the money go? That is the question driving this entire legal battle. According to the latest annual report from the Auditor-General of the Federation, released on September 9, 2025, the Ministry of Power failed to account for massive sums. We aren't talking about rounding errors here. These are specific transfers with no corresponding work completed. The breakdown reveals some troubling patterns. First, over N4.4 billion sent to project accounts for Mambilla, Zungeru, and Kashimbilla hydro projects disappeared without a trail. Then there is the elephant in the room: N95 billion paid to contractors. The auditors noted there was zero documentation proving these projects existed or were executed. On top of that, nearly N8 billion from NBET went to "beneficiaries" without being recorded in the payment vouchers. When officials unaccountably spend money on travel that never gets approved by the Secretary to the Government of the Federation, the public trust evaporates. As Kolawole Oluwadare, Deputy Director, SERAP put it, Nigerians continue to pay the price for this widespread grand corruption.The Administration's Defense
But wait, the narrative isn't one-sided. Minister Adelabu pushed back hard on the allegations through his media aide, Bolaji Tunji. The core of his defense rests entirely on timelines. He clarified that the audit report in question relates strictly to the 2022 financial year. This predates the inauguration of the presidency led by Bola Tinubu. Essentially, Adelabu is arguing he shouldn't be held personally responsible for accounting gaps created under a previous regime. This distinction matters legally, but practically? Not so much. When the current government assumes control of the Ministry of Power, they inherit the liabilities. However, the minister felt compelled to clarify after Oluwadare publicly called on President Tinubu to direct the Attorney General, Lateef Fagbemi, to investigate. The debate shifts from who spent the money to who should stop the bleeding now.Power Outages and Public Trust
There is a direct line between unaccounted funds and lights going out. SERAP emphasizes that corruption contributes significantly to frequent grid collapses. You cannot manage a national grid effectively when budget allocations vanish into thin air. The maintenance equipment fails, the plants don't run, and consumers stay in the dark. This is why the lawsuit matters beyond just returning cash to the treasury. The organization argues that recovered funds should bridge the deficit in the 2026 budget. Given Nigeria's crippling debt burden described by critics, every kobo counts. The allegations suggest a grave violation of the Nigerian Constitution 1999 and international anticorruption obligations. If the courts agree, this could set a precedent for future accountability in other federal ministries.
The Legal Path Forward
Now we enter the waiting phase. The case number FHC/ABJ/CS/143/2026 tracks the progress. SERAP is seeking multiple orders of mandamus—compelling actions by the state. They want three things specifically:- A directive forcing Adelabu and NBET to fully account for the missing N128 billion.
- Compulsory disclosure of all transaction details, including dates and contractor names.
- Identification of every public officer who authorized the release of these funds.
Frequently Asked Questions
Why is this lawsuit happening now instead of earlier?
The lawsuit follows the release of the Auditor-General's report in September 2025. While the funds are missing from the 2022 fiscal year, audits typically lag behind operations. SERAP acted quickly once the findings were made public to ensure justice before administrative changes obscured further evidence.
Who is directly affected by these missing funds?
All Nigerians lose when infrastructure funds disappear. The immediate impact falls on electricity consumers facing higher costs and unreliable service, as well as taxpayers supporting a growing national debt that these billions were meant to offset.
Can the current minister be sued for past actions?
While Minister Adelabu inherited the office, the legal action seeks current accountability for managing the ministry's records. The suit demands disclosure of facts regardless of tenure, aiming to uncover chains of custody that remain unresolved.
What happens if the court rules in favor of SERAP?
The court can issue mandamus orders compelling specific disclosures. If financial trails are found, anti-corruption agencies may prosecute individuals involved. Recovered funds would be remitted to the treasury to help reduce public debt.