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Justice Tijjani Ringim of a Federal High Court, Ikoyi, Lagos, will on May 24, 2023, entertain the legal action instituted by a former lawyer with the Economic and Financial Crimes Commission (EFCC), Nkereuwen Mark Anana, against the Akwa-Ibom State Governor, Mr Udom Gabriel Emmanuel and two others over the spending of 13 per cent derivation refunds.
The co-respondents in the legal offensive designated FHC/L/CS/423/23 are the Accountant-General of the State and the Accountant-General of the Federation (AGF).
In the suit, Anana is urging the court to determine "Whether Akwa lbom State is a public institution that by virtue of Section 2 (1) and (2) of the Freedom of Information Act 2011, is entitled to keep information about all her activities, operations, and businesses.
“Whether by virtue of Sections 2 (3)(v) of the Freedom of Information Act 2011, the government of Akwa-Ibom State headed by Governor Udom Gabriel Emmanuel is entitled to document information relating to receipts and expenditure of public or other funds of the State.
“Whether the plaintiff is, by virtue of the Freedom of Information Act 2011, entitled to seek before the court, information from the Akwa-Ibom State Government under the leadership of Governor Udom Gabriel Emmanuel, on all her activities, operations, and businesses.
“Whether the plaintiff is entitled to seek before the court, information from the Akwa-Ibom State Government on the income and expenditure of the 13 per cent oil derivation refunds aid by the Federal Government of Nigeria to the State Government, under the leadership of Governor Udom Gabriel Emmanuel.
“Whether the plaintiff is entitled to seek before the court, information from Akwa Ibom State Government on the income and expenditure whatsoever derivable by the State Government from Internally Generated Revenue (IGR) Federal Monthly allocation, Ecological Fund etc.
“Whether the plaintiff is entitled to seek before the court, information from Akwa Ibom State Government on the capital projects embarked upon by the State government under the leadership of Governor Udom Gabriel Emmanuel, the location of the projects, the cost of the projects and the contractors of those projects from inception until date.”
Anana stated that if the above are determined in the affirmative, the court should grant the following reliefs among others: "A declaration of the court that by Section 2 (3)(v) of the Freedom of Information Act, he is entitled to seek before the court, information from Akwa Ibom State Government on the income from Internally Generated Revenue of Akwa Ibom State, Monthly Federal allocation to Akwa Ibom State, Ecological Fund paid to Akwa Ibom State and 13per cent oil derivation refunds from the Federal Government of Nigeria to Akwa Ibom State Government under the leadership of Governor Udom Gabriel Emmanuel.
“An order of the court compelling the Accountant-General of the Federation, to disclose to him, in writing, the total amount of money paid as 13per cent oil derivations refund and Federal Monthly allocation to Akwa lbom State Government, under the leadership of Udom Gabriel Emmanuel by the administration of President Muhammadu Buhari.
“An order of the court, compelling the Governor of Akwa-Ibom State, the State Accountant-General, to disclose to him in writing, the total amount of money generated internally, Federal Monthly allocation from the Federal Government of Nigeria and 13per cent oll derivation refunds realized and paid to Akwa-Ibom State within the dispensation of Governor Udom Gabriel Emmanuel as Governor of Akwa lbom State.
“An order of the court compelling the Governor of Akwa-Ibom State, the State Accountant-General, to disclose to him in writing any other money received by the State Government under the leadership of Governor Udom Gabriel Emmanuel.
“An order of the court, compelling the Governor of Akwa-Ibom State, the State Accountant General, to disclose to him in writing the ‘Capital Projects’ embarked upon by the government of Akwa-Ibom State under the leadership of Governor Udom Gabriel Emmanuel, the location of the projects, the cost of the projects and the contractors of those projects from inception until date.”
But in its counter-affidavit to the suit, the Akwa Ibom State Government through Donald Essien, who deposed to the counter-affidavit stated that the plaintiff is vested with the facts and/or knowledge regarding the 13 per cent derivation refund as the said information is already available in the public domain and would know this if he carried out a proper research or followed the affairs of the Akwa-Ibom State Government before instituting the suit.
The deponent further maintained that the first defendant never hid any fact regarding the 13 per cent oil derivation refund from the people of Akwa-Ibom State as the said information has been consistently included in the yearly Approved Recurrent and Capital Expenditure Budget Estimate of the State since 2021, adding that it was also included in the published Report of the Accountant-General with Audited Financial Statements.
Essien also posited that the mere fact that Governor Nyesom Wike of Rivers State made a statement at the Nigerian Law School opening ceremony, if at all, does not establish that the first defendant kept this fact hidden from the people of Akwa-Ibom State as the first defendant had already brought it to the knowledge of the public since 2021 and was captured in the Approved Budget Estimate of 2021 by the Ministry of Finance, under Capital receipt as 'other exceptional income: 13 per cent Derivation Revenue arrears and others'.
He further posited that the purpose of instituting the plaintiff’s suit is solely to embarrass, frustrate and annoy the first defendant as the information which the plaintiff seeks is already available in the public domain as published by the first defendant in the Akwa-Ibom State Audited Financial Statements of 2021 under the heading ‘Other Capital Receipts’ and clearly detailed as 'Refunds, Donations, and other exceptional income'.
The deponent, who claimed to be an indigene of Ukanafun Local Government Area of Akwa-Ibom State, equally suggested that the information was brought to the knowledge of the plaintiff by the Accountant-General of the Federation in its response letter to the plaintiff, wherein he was intimated to access the requested information from its official website: www.oagf.gov.ng.
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