Justice Bello Kawu of the High Court of the Federal Capital Territory (FCT), sitting at Apo, Abuja, has directed the Economic and Financial Crimes Commission (EFCC) to deposit with the court’s Registry, certified true copy (CTC) of its investigation report or the detailed status of the funds allocated to the 17 local government areas of Abia State within the period of 2019 and 2023.
The judge gave the directive in a ruling on an ex-parte application filed by an activist, Mr Chidiebere Ojukwu, who described himself as a citizen of Abia State and an advocate for transparency and accountability in the management of public funds.
The activist had dragged the former Commissioner for Local Government and Chieftaincy Matters in the state, Rt. Hon. Prince Christopher Enweremadu; a former aide to the immediate past governor of the state, Erondu Uchenna Erondu; the Permanent Secretary attached to the state’s Ministry of Local Government and Chieftaincy Matters, Deaconess Joy Nwanju and EFCC in the substantive suit marked: FCT/HC/CV/4961/2024.
In his ruling, Justice Kawu ordered probe into how funds allocated to the state’s 17 LGAs from 2019 to 2023 were expended.
He further ordered the seizure of international travelling documents, including passports, of three former officials of the Abia State government, which he ordered must be surrendered to the court’s Registry upon the service of the order on them.
Meanwhile, the court, which approved the abridgement of time within which the matter would be heard, also listed some documents the first, second and third defendants should produce before it.
Justice Kawu directed that the defendants should within 48 hours of the service of the order on them, declare on oath and file with the court’s Registry, list of all the companies they have interest in or occupy the position of a director as well as Forms CAC7 and CAC 7A of such companies.
According to the court, other documents the defendants are to produce before the court include; “Memorandum and article of Association of such companies. Evidence of filing Annual Returns with the Federal Inland Revenue Service and Corporate Affairs Commission from 2019 to date.
“Audited Financial Statement of such companies from 2019 to date. Self-Assessment Forms filed with the FIRS. Individual Tax Clearance Certificate from 2019 to date. List of bank accounts details of such companies (if any). List of individual bank accounts (both domestic and foreign), and list of moveable and immovable properties (both developed and undeveloped) within Nigeria and outside Nigeria.”
The judge directed that the orders should be served on the first to third defendants by substituted means, through the Abia State liaison office in Abuja.
While adjourning the case to Monday, December 9, Justice Kawu ordered the service of all the processes on the EFCC.
The plaintiff had, among other things, prayed the court to determine: “Whether in view of Section 7 of the amended 1999 Constitution of the Federal Republic of Nigeria, the 1st, 2nd and 3rd defendants are not personally liable to refund to the coffers of the Government of Abia State of Nigeria the total sum of money due to the 17 Local Governments of Abia State from 29th May, 2019 to 29th May, 2023 and received from the Federation Account/Consolidated Revenue Fund (in excess of Five Hundred Billion Naira)?
“Whether the activities of the 1st, 2nd and 3rd defendants in relation to the funds belonging to the 17 Local Governments of Abia State from 29th May, 2019 to 29th May, 2023 (under the Abia State Ministry for Local Government and Chieftaincy Affairs) have not created the circumstances warranting the exercise of the prosecutorial powers of the 4th defendant?”
He further prayed the court for an order, “directing the 4th defendant (EFCC) to forthwith prosecute 1st, 2nd and 3rd defendants in relation to the roles each and every one of them played relating to the funds belonging to the 17 Local Governments of Abia State from 29th May, 2019 to 29th May, 2023 (under the Abia State Ministry for Local Government and Chieftaincy Affairs).”
ALSO READ: NOA flags off sensitisation campaign on tax reform in Sokoto
In his 18-paragraph affidavit in support of the suit, the plaintiff, Chidiebere Ojukwu, told the court that the Abia State Government received over N5billion from the Federation Account and Joint Account Allocation Committee from 2019 to 2023 for the benefit of the state’s 17 LGAs.
He averred that the state government through the Abia State Independent Electoral Commission (ABIEC) did not conduct any elections into the legislative seats in the 17LGAs during the period between 2019 and 2023.
Ojukwu further averred that, “The Government of Abia State of Nigeria during the period between year 2019 and the year 2023 had no elected Local Government Chairmen in the 17 Local Government Areas but used people called Transition Chairmen unknown to the Nigerian Constitution.
“The three first defendants presided over the entire funds allocated to the Seventeen (17) Local Government Areas of Abia State under the Abia State Ministry of Local Government and Chieftaincy Matters during the period between year 2019 and the year 2023.”
He told the court that though the EFCC had at the end of the previous administration in Abia State, invited the second defendant for questioning over how funds allocated to the LGAs were handled, it never made the outcome of the investigation known.
He added that present Abia State government has continued, publicly at different fora, to bemoan the mindless mismanagement of the state’s resources by the immediate past administration.
According to the plaintiff, “The present public interest matter is inspired by the need to bring accountability and efficiency in the management of public funds by those who have the rare privilege of public trust placed on them.
“The suit will ensure that the 4th defendant religiously- and at all times- fulfills its statutory obligations regardless of the standing and or political leaning of anyone having come under suspicion of mismanaging public resources or eroding public trust placed on his shoulders.”
READ MORE FROM: NIGERIAN TRIBUNE
