Nkereuwem Anana, w former prosecutor of the Economic and Financial Crimes Commission (EFCC), has filed a lawsuit against the Akwa Ibom State Governor, Mr. Udom Emmanuel, over the alleged diversion of $13 derivation refunds meant for the oil-rich state.
The state’s accountant general and the accountant general of the federation, AGF, also joined the suit as defendants.
In the lawsuit filed on Tuesday, March 14, 2023, at the Federal High Court in Uyo, the former prosecutor is seeking an order of the court to compel the governor to account for the funds and refund the same to the state coffers.
According to the plaintiff, the derivation refunds were paid to the state by the Federal Government as part of its obligation to compensate oil-producing states for revenue loss due to oil exploration activities.
Mr Anana, in his court papers, claimed that Governor Emmanuel diverted the funds to personal use and failed to use them for the development of the state as intended.
Anana, a citizen of Akwa lbom State, submitted a 35-paragraph affidavit in support of his case before the federal court.
Excerpts from the court papers read:
“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 13 percent oil derivation refunds from the Federal Government of Nigeria to Akwa Ibom State Government under the leadership of Governor Udom Gabriel Emmanuel.
“A declaration that by Sections 2 (3)(v) of the Freedom of Information Act, he is entitled to seek before the Court information from Akwa Ibom State Government on how the 13 percent oil derivation refunds paid by the Federal Government of Nigeria to the government of Akwa Ibom State, Internally Generated Revenue (IGR) of Akwa Ibom State and Monthly Federal allocation to the government of Akwa lbom State is and or expended.
“A declaration that by Section 2 (3)(v) of the Freedom of Information Act, he is entitled to seek before the Court information from the Government of Akwa lbom State on the capital projects embark upon by her 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 till date.
“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 13 percent oil derivations refund and Federal Monthly allocation to Akwa-Ibom State Government, under the leadership of Udom Gabriel Emmanuel by the administration of President Mohammady Buhari.
“An order of the court compelling the Governor of Akwa-Ibom State, the Accountant General of Akwa-Ibom State to disclose to him in writing, the total amount of money generated internally, Federal Monthly allocaton from Federal Government of Nigeria and 13 percent oll derivation refunds realized and of 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 Accountant General of Akwa Ibom State to disclose to him in writing on how the 13 percent oil derivation refunds from the Federal Government of Ngena to Akwa Ibom State, Internally Generated Revenue of Akwa Ibom State and Monthly Federal allocaton to Akwa Ibom State is expended under the leadership of governor Gabriel Emmanuel Edom.
“An order of the Court compelling the Governor of Akwa Ibom State, the Accountant General of the Akwa ibom State to disclose to him in writing any other money received by the Government of Akwa Ibom State under the leadership of Governor Udom Gabriel Emmanuel.
“An order of the Court compelling the Governor of Akwa Ibom State, the Accountant General of Akwa ibom State to disclose to him in writing the ‘Capital Projects’ embark 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 till date.”
The former EFCC prosecutor further alleged that the governor’s action violated the provisions of the Nigerian Constitution, the Public Procurement Act, and other relevant laws and regulations.
Reacting to the lawsuit, a spokesperson for the governor’s office, Mr. Ekerete Udoh, denied the allegations, describing them as baseless.
Mr. Udoh, in a statement, said the governor had always acted in the best interest of the state and its people and had not diverted any funds meant for the development of the state.
The spokesperson added that the governor was ready to defend himself against the allegations in court and was confident that justice would prevail.
The case was heard on April 10, 2023.
