From Godwin Tsa, Abuja
A High Court of the Federal Capital Territory (FCT) has ordered a probe into how funds allocated to 17 Local Government Areas (LGAs) in Abia State from 2019 to 2023 were expended.
In his ruling, Justice Bello Kawu further directed the Economic and Financial Crimes Commission (EFCC) to deposit with its registry a Certified True Copy (CTC) of its investigation report or the detailed status of the funds allocated to the LGAs within the four years.
Additionally, the court ordered the seizure of the international travel documents of three former officials of the Abia State government.
Those required to surrender their international passports to the court registry 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 ruling pertained to suit No. FCT/HC/CV/4961/2024, filed by 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 based on an ex-parte application 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 must produce before it.
It held that the defendants should, within 48 hours of being served with the order, declare on oath and file with its registry a list of all the companies in which they have an interest or occupy the position of a director, as well as Forms CAC7 and CAC7A of such companies.
Other documents requested by the court included:
- Memorandum and Articles of Association of such companies.
- Evidence of filing annual returns with the Federal Inland Revenue Service (FIRS) and Corporate Affairs Commission (CAC) from 2019 to date.
- Audited financial statements of such companies from 2019 to date.
- Self-assessment forms filed with the FIRS.
- Individual tax clearance certificates from 2019 to date.
- Lists of bank account details of such companies (if any), individual bank accounts (domestic and foreign), and moveable and immoveable properties (developed and undeveloped) within and outside Nigeria.
The court directed that the orders 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 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 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 circumstances warranting the exercise of the prosecutorial powers of the 4th Defendant.”
The plaintiff further prayed for an order directing the 4th Defendant (EFCC) to prosecute the 1st, 2nd, and 3rd Defendants in relation to their roles concerning the funds belonging to the 17 LGAs of Abia State from 29th May 2019 to 29th May 2023.
In an 18-paragraph affidavit attached to the suit, the plaintiff told the court that the Government of Abia State received over ₦5 billion 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 2019 and 2023, the Government of Abia State, through the Abia State Independent Electoral Commission (ABIEC), conducted no election into the legislative seats in the 17 Local Government Areas of Abia State.
“The Government of Abia State during this period had no elected Local Government Chairmen in the 17 LGAs but used people called Transition Chairmen, unknown to the Nigerian Constitution.
“The three Defendants presided over the entire funds allocated to the 17 LGAs under the Abia State Ministry of Local Government and Chieftaincy Matters during this period.”
The plaintiff noted that while the EFCC had invited the 2nd Defendant for questioning at the end of the previous administration in Abia State, the outcome of the investigation was never disclosed.
The plaintiff added:
“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.
“This public interest matter is inspired by the need to bring accountability and efficiency to the management of public funds by those entrusted with public resources.
“The suit will ensure that the EFCC fulfils its statutory obligations regardless of the standing or political leaning of anyone suspected of mismanaging public resources or eroding public trust.”