A human rights lawyer, Myson Nejo, has threatened to drag the Ondo State government to court over failure to remit 40 percent of the 13 percent oil derivation funds accruable to the Ondo State Oil Producing Area Development Commission (OSOPADEC).
This was contained in a letter addressed to the Acting Governor of the State, Hon. Lucky Aiyedatiwa, by the lawyer, who gave the state government a 14-day ultimatum to do the needful or face the law court.
According to Nejo who noted that the commission, OSOPADEC, which was saddled with the responsibilities of initiating developmental projects in the region has failed to live up to the expectations of the people and failed to initiate developmental projects in the oil-producing communities of Ilaje
He maintained that moves to divert the fund meant for the commission had been stalling development in the mandated communities impacted by oil exploration activities.
The letter read, “OSOPADEC was established by a Law of the Ondo State House of Assembly in 2001 with the primary mandate to intervene in the development of oil-producing and impacted areas in Ondo.
“Section 6 of the Law unequivocally provides that the Commission shall receive and administer exclusively 40% of the 13% oil derivation funds for the rehabilitation and development of oil-producing areas and other developmental projects as determined by the Commission.”
He however, vowed to drag the state government before the court, saying that the 1999 Constitution of the Federal Republic of Nigeria (as amended) in Section 162(2) designated the fund as compensation for loss of fishing rights and productive farmlands resulting from oil and gas exploration and production activities.
He said: “Regrettably, despite these explicit legal provisions, OSOPADEC has been unjustly deprived of its rightful entitlement by the Ondo State Government.
“This denial has significantly hindered OSOPADEC’s capacity to address the deplorable living conditions of the Ilaje and Ese-Odo Local Government Areas, who face severe environmental hazards from oil exploration, socio-economic inequalities, limited access to healthcare and education, inadequate infrastructure, high unemployment rates, and recurrent flooding.
“On the 22nd day of July 2023, Ondo State received a substantial allocation of N2,968,156,301.71 billion naira from the Federation Account Allocation Committee (FAAC) as its share of the 13 percent derivation funds.
“As per the law, 40 percent of this sum, amounting to N1,187,262,520.68 billion naira, rightfully belongs to OSOPADEC. We hereby demand, unequivocally and in accordance with Section 162 of the Constitution and the OSOPADEC Law, that the Ondo State Government immediately remit the full 40 percent allocation to OSOPADEC’s designated account within 14 days of receipt of this letter.
“Failure to comply with this lawful obligation will leave us no recourse but to seek judicial intervention. Consequently, if this demand is not met, we shall initiate legal proceedings against the Ondo State Government to compel the immediate payment of N1,187,262,520.68 billion naira to OSOPADEC.
“We will also seek a court order restraining the State Government from diverting or tampering with the 40% of the 13% derivation funds accruable to Ondo State, in strict accordance with the provisions of the Ondo State Oil Producing Areas Development Commission Law, Cap 106, Laws of Ondo State.
” A court order will also be sought to restrain the Federal Government from releasing the allocation belonging to Ondo State in the 13% derivation unless the statutory provisions in respect of OSOPADEC are complied with.
“It is also important to state without mincing words that we will be claiming all outstanding sums to which OSOPADEC is statutorily entitled since the commencement of the present administration that have not been refunded or disbursed to the Commission appropriately in line with the Constitution and the OSOPADEC law.
“We strongly believe that upholding the rule of law and adhering to the clear stipulations of the Constitution and the OSOPADEC Law will promote equitable development and alleviate the sufferings of Ilaje and Ese-Odo Local Government Areas, who have long awaited the intervention they are entitled to through OSOPADEC.
“We trust that you will treat this matter with the utmost gravity it deserves, and we expect a prompt and decisive resolution that aligns with the principles of justice and the well-being of our region.”
READ ALSO FROM NIGERIAN TRIBUNE
