GOVERNOR OTTI, DUE PROCESS, AND THE ABIA AIRPORT CLAIM: WHY LAW, NOT NOISE, DEFINES ACCOUNTABILITY
Public debate around the alleged ₦10 billion Abia Airport expenditure has too often been framed as a “media trial.” That framing misses a crucial point: governments do not prosecute by press conference; they prosecute by evidence, audits, and due process. Since assuming office in May 2023, Governor Alex Otti has repeatedly stated that his administration would audit first, recover next, and prosecute last—in that order. This sequence aligns with Nigerian law and international best practice.
Audits Before Arrests: What the Law Requires
Under Nigeria’s legal framework, criminal prosecution for financial crimes requires forensic audit trails, not political declarations. The Fiscal Responsibility Act and Public Procurement Act emphasize documentation, value-for-money tests, and verification before sanctions. Anti-corruption agencies such as the EFCC act on investigative files, not allegations aired on radio. EFCC guidance underscores evidence-led referrals and inter-agency cooperation (https://www.efcc.gov.ng/efcc/about-efcc).
Governor Otti commissioned reviews of legacy projects and liabilities early in his tenure—an approach consistent with the Auditor-General’s standards that caution against premature prosecutions without completed audits (Office of the Auditor-General of the Federation, https://oaugf.ng).
Why Repeating a Claim Is Not Prosecution
Critics argue that reiterating the airport allegation without immediate court action amounts to a media trial. The counter-fact is simple: public officials may disclose audit findings and suspected irregularities while investigators complete their work. Nigerian courts have repeatedly held that public disclosure does not substitute for prosecution, nor does it invalidate later charges if evidence matures. What would be unlawful is arrest without proof—an abuse the courts routinely strike down.
Recovery First: The State’s Rational Choice
Across jurisdictions, governments increasingly prioritize asset recovery over headline arrests. The World Bank’s Stolen Asset Recovery (StAR) Initiative recommends securing records, tracing funds, and negotiating restitution before filing charges to avoid evidentiary collapse (https://star.worldbank.org). Otti’s administration has emphasized recovery and system repair, including tightening procurement controls and publishing budget performance reports—steps that strengthen any future case.
Budgets, Revenues, and What Can Be Verified
Claims that Abia has “earned over ₦1 trillion” since 2023 require context. FAAC disbursements rose nationally after fuel subsidy removal, but state receipts vary month-to-month and must be reconciled against debt service, wages, and capital commitments. FAAC trends are publicly reported (Reuters, Oct. 5 2023: https://www.reuters.com/world/africa/nigerias-states-reap-windfall-after-fuel-subsidy-cut-2023-10-05/). Independent civic monitors consistently note that verification of project sites and completion certificates—not rhetoric—should anchor evaluation (BudgIT, https://yourbudgit.com).
On education, health, roads, and power, Abia has published budget performance summaries and rolled out project documentation and site markings to improve traceability—an approach aligned with open-budget standards (International Budget Partnership, https://www.internationalbudget.org).
Projects and Proof: Moving From Optics to Records
Otti’s government has emphasized project registers, contractor disclosures, and geo-referenced sites to close the gap between allocation and delivery. This responds directly to past failures where projects were announced without records. The Bureau of Public Procurement has long warned that transparency—not tribal applause—builds confidence (https://www.bpp.gov.ng).
Why “Prosecute Now” Can Backfire
History shows that rushing prosecutions before audits finish often leads to technical acquittals. Nigerian courts have dismissed cases where investigative files were incomplete or politically contaminated. The Supreme Court has reiterated that criminal liability must rest on proof beyond reasonable doubt, not public suspicion. Proceeding carefully protects the public interest.
Deflection or Discipline?
It is fashionable to claim the airport issue “deflects” from current governance. The record suggests the opposite: tightened controls, published audits, and sectoral investments are precisely what make future prosecutions stick. Internationally, reformist governments that stabilized systems first—then prosecuted—achieved higher recovery rates (OECD Anti-Corruption Reviews, https://www.oecd.org/corruption).
The Bottom Line
Abians deserve answers grounded in files, not noise. Governor Otti’s insistence on audit-led accountability reflects legal discipline, not evasion. If the evidence ultimately supports prosecution, the courts and agencies are open. If it does not, public disclosure will still have strengthened institutions by exposing weaknesses and fixing them.
Accountability is not theatrics. It is method. The test is whether systems improve, records are published, project sites are verifiable, and recoveries occur. On those metrics, Abia is moving from slogans to statutes—and that is how durable accountability is built.
AProf Chukwuemeka Ifegwu Eke
