Court Orders Probe Of Funds Allocated To 17 LGAs In Abia From 2019 To 2023
By Vivian Michael, Abuja
Justice Bello Kawu of the Federal Capital Territory High Court, Apo, has ordered the Economic and Financial Crimes Commission, (EFCC) to investigate the expenditure of funds allocated to 17 Local Government Areas, LGAs, in Abia State from 2019 to 2023.
Ruling in the suit marked: FCT/HC/CV/4961/2024, the court directed the EFCC to deposit with its Registry, Certified True Copy (CTC) of its investigation report or the detailed status of the funds allocated to the LGAs within the four years.
The court further ordered the seizure of international travelling documents of three former officials of the Abia state government.
Those the court said should surrender their international passports to its Registry upon the service of the order on them, are 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, and the Permanent Secretary attached to the Ministry of Local Government and Chieftaincy Matters in Abia State, Deaconess Joy Nwanju.
The trio were listed as the 1st, 2nd and 3rd Defendants in the substantive suit marked: FCT/HC/CV/4961/2024, which was brought before the court by an activist, Mr. Chidiebere Ojukwu, who identified himself as a citizen of Abia state and an advocate for transparency and accountability in the management of public funds.
Justice Kawu made the orders on the strength of an ex-parte application that was filed before the court by the Plaintiff.
The EFCC was cited as the 4th Defendant in the matter.
Meanwhile, the court, which approved the abridgement of time within which the matter would be heard, also listed some documents the 1st, 2nd and 3rd Defendants should produce before it.
It held that the Defendants should within 48 hours of the service of the order on them, declare on oath and file with its Registry, list of all the companies they have interest in or occupy the position of a Director, as well as Forms CAC7 & CAC 7A of such companies.
Other documents the court requested for, included; “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 immoveable properties (both developed and undeveloped) within Nigeria and outside Nigeria.”
It directed that the orders should be served on the 1st to 3rd Defendants by substituted means, through the Abia state liaison office in Abuja.
Justice Kawu adjourned the matter till December 9, even as he 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 Sections 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].”
In an 18-paragraph affidavit attached in support of the suit, the plaintiff, told the court that the Government of Abia State received over N5billion from the Federation Account and Joint Account Allocation Committee from 2019 to 2023 for the benefit of the 17 LGAs of Abia State.
According to him: “During the period between year 2019 and the year 2023, the Government of Abia State through the Abia State Independent Electoral Commission (ABIEC) conducted no election into the Legislative Seats in the Seventeen Local Government Areas of Abia State.
“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 2nd Defendant for questioning over how funds allocated to the LGAs were handled, it never made the outcome of the investigation known.
“The present Government of Abia State has continued –publicly at different fora- to bemoan the mindless mismanagement of the State’s resources by the immediate past administration.
“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,” the plaintiff averred.
