Mohammed Bello Adoke, Minister of Justice
A Federal High Court in Abuja yesterday ordered that court process be served on the Attorney General of the Federation and Minister of Justice, and all other parties in a suit filed by some traditional rulers from the Niger Delta seeking to compel the Federal Government to release about five hundred billion naira (N500b) meant for the development of the region.
A traditional ruler, Eze Young Ogbona, and twenty others from the oil producing areas, said fund meant for disbursement to the Niger Delta Development Commission (NDDC) between 2001 and 2009 was withheld by the Federal Government since the tenure of President Olusegun Obasanjo, and that infrastructural development in their communities has been stalled owing to the continued withholding of the said funds by government.
The rulers, who sued on behalf of themselves and their communities under the aegis of the Traditional Rulers of the Oil Mineral Producing Communities of Nigeria (TROMPCON), named in the suit the Attorney General of Federation as 1st defendant; 2nd, Minister of Finance; 3rd, the Finance Ministry; 4th, defendants NDDC respectively.
Demands
In the writ of summons filed by their counsel, Alex Izinyon, they are seeking for “a declaration that the acts of the 2nd and 3rd defendants in non disbursement of the sum of N484, 450, 551, 137.91 from the Federation Account, being part of the statutory funding contribution to the Niger Delta Development Commission between 2001 and 2009 is unlawful and ultra vires the powers of the 2nd and 3rd Defendants.”
Specifically, they want the court to make “an order directing the 1st, 2nd and 3rd defendants to remit the sum of N484, 450, 551,137.91 (Four hundred and eighty-four billion, four hundred and fifty million, five hundred and fifty-one thousand, one hundred and thirty seven naira, ninety-one kobo) to the 4th Defendants, the amount being the difference between the statutorily generated 15% total amount from the Federation Account, as prescribed in the Niger Delta Development Commission (Establishment, Etc) Act, between 2001 - 2009.
They also want an order of perpetual injunction restraining the 1st, 2nd and 3rd Defendants from further withholding the said amount of N484, 450, 551, 137. 91 and any other statutory allocation due for disbursement for the speedy development of the oil mineral producing communities of the Niger Delta States of the Federation.
Implication of hold
The group alleged that the non release of these funds for the development of this area led to youth restiveness, rise in crime rate, militancy, kidnapping, joblessness, and lack of social amenities: clean water, health care, roads, markets and food in the Niger Delta region.
“If these stated sum of N484, 450, 551, 137. 91 had been released to the NDDC, it would have bettered the living conditions of the people living in the Niger-Delta region,” the group said.
When the matter came up yesterday for mention, the presiding judge, Abduul Kafarati, said all the parties in the suit be served with all the court processes and adjourned to March 15, for mention.
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