1. Activists ask court to stop budget
ngrguardiannews.com
Some Niger Delta activists, civil rights lawyers and
others made up of 25 persons and led by one Aigbokhan
President have sued the Federal Government and the
Niger Delta Development Commission (NDDC) before
the Federal High Court, Benin City, asking the court to
restrain the NDDC from accessing the 2015 budget
appropriation.
Joined in the suit are President of the Senate, Speaker of
the House of Representatives and Minister of Finance. In
the case cited as Aigbokhan President, 25 Others vs
NDDC, National Assembly and Ministry of Finance and
which came up for hearing last Thursday, the applicants urged the court presided over by Justice
A. M. Liman, to stop NDDC from accessing the 2015 Appropriation until it releases the certified
copies of how it spent N309 billion appropriated to it last year.
They contended that the NDDC’s refusal to respond to their request for the said information on
January 6, 2015, violates their fundamental right to information guaranteed by Section 39 of the
1999 Constitution and the Freedom of Information Act (FOIA)2011.
Counsel to the applicants, Aigbokhan President argued that even though the NDDC sends audit
report to the President, the audit report is not immune from being challenged by the applicants.
He urged the court to grant the relief seeking for the appointment of an auditor to audit the
NDDC account. He noted that the traditional approach to accountability is the presentation of
account openly before a legislative body, but with the advent of FOIA, the budgetary
appropriation can be scrutinized by the people.
He said the expenditure of 50 per cent of monies due to member States of the Commission from
Ecological Fund; 15 per cent of the total monthly statutory allocations due to member States
from the Federation Account; three percent of the total annual budget of any oil producing
company operating, both on shore and off shore in Niger Delta area and all other monies due to
member States of the Commission, ought to be made public to the applicants on their request, as
sustained by the Freedom of Information Act 2011.
Counsel to NDDC and Ministry of Finance, Emeka Akwuruoha and P. I. Ogbu, respectively,
argued that a request for information cannot be brought under Fundamental Human Right
Procedure Rules 2009. Justice Liman, adjourned the case to June 12 , 2015, for judgement.