(SINL NIGERIA) An Abuja High Court has ordered the Economic and Financial Crimes Commission (EFCC) to submit Certified True Copy (CTC) of the investigation report on the funds allocated to 17 Local Government Areas (LGAs) in Abia from 2019 to 2023.
Justice Bello Kawu gave the order while delivering a ruling on an ex-parte motion filed by Chidiebere Ojukwu on allegation of financial misappropriation of the 17 LGAs funds between the four year period.
The CTC of the order, made on Nov. 20, was made available to newsmen on Thursday in Abuja.
Alternatively, Justice Kawu directed the EFCC to submit detailed status of the funds allocated to the LGAs within the four years.
The judge equally ordered probe into how funds allocated to the 17 LGAs from 2019 to 2023 were spent.
He ordered the seizure of international travelling documents of three former officials of the Abia government.
The three are the former Commissioner for Local Government and Chieftaincy Matters, Christopher Enweremadu; a former Aide to the immediate past Governor of the state, Erondu Erondu and the Permanent Secretary attached to the Ministry of Local Government and Chieftaincy Matters, Joy Nwanju.
They were listed as the 1st, 2nd and 3rd defendants in the substantive suit marked: FCT/HC/CV/4961/2024, brought by Ojukwu, who also identified himself as an advocate for transparency and accountability in the management of public funds.
The EFCC was listed 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 positions occupy, 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.
Others are 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.
Others are the 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 liaison office in Abuja.
Justice Kawu adjourned the matter till Dec. 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 the 1st, 2nd and 3rd defendants are not personally liable to refund to the coffers of the Government of Abia the total sum of money due to the 17 Local Governments of Abia State from May 29th, 2019 to May 29, 2023 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 received over N5 billion from the Federation Account and Joint Account Allocation Committee from 2019 to 2023 for the benefit of the 17 LGAs.
According to him, during the period between year 2019 and the year 2023, the Abia government 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 during the period between y2019 and 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, 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.
