Akwa Ibom Governor is being sued by a former EFCC prosecutor for 13% deduction refunds.

The Akwa Ibom State Governor, Mr. Udom Emmanuel, has been brought before the Federal High Court in Lagos by Nkereuwen Mark Anana, a former prosecutor with the Economic and Financial Crimes Commission (EFCC), to explain how the 13 percent oil derivation refunds aid received from the Federal Government was used.

The governor is listed as the first defendant, followed by the state’s Accountant General and the Accountant General of the Federation (AGF).

In his 35-paragraph affidavit in support of the motion, Anana, an Akwa lbom State resident, claimed that on or around November 20, 2022, at the location of the inauguration of the Nigerian Law School in Rivers State, Mr. Nyesom Wike, informed the public that the primary source of funding he used to carry out developmental projects in his state, including the Nigerian Law School that his administration had just built, was the 13 percent oil derivation margin

Additionally, he claimed that the 13 percent of oil derivation funds that had not been paid to the Niger Delta states since 1999 had been authorized and paid during the presidency of President Muhammadu Buhari.

Additionally, Wike claimed that the funds he utilized to build the state did not come from the Federal Account Allocation Committee (FAAC), but rather from payments made to the states of Rivers, Akwa Ibom, Delta, Edo, and Bayelsa.

Anana pointed out that the Rivers governor has so far started roughly nine flyovers in 2019, and more were in the pipeline.

The attorney added that Wike claimed to have created a cancer center through Julius Berger Company for a total of N25.9 billion, naming it after Dr. Peter Odili, using some of the funds.

According to Anana, Akwa Ibom State is one of the oil-producing Niger Delta states and is situated in the southern region of Nigeria. The governor of Akwa Ibom State, Mr. Udom Gabriel Emmanuel, had not previously acknowledged that Akwa Ibom State had received such funding from the Federal Government of Nigeria, he said.

He further asserted that he knows for a fact that the Akwa Ibom governor had concealed this information from the state’s citizens until Wike made it public.

The complainant added that he knew for a fact that Emmanuel had not denied receiving the 13 percent oil derivation refund after Wike’s announcement by making any publications or speeches.

Anana said that he filed the lawsuit in order to compel the first through third defendants to divulge information about the sums paid to the Akwa Ibom State Government as a result of Emmanuel’s 13 percent oil derivation payments and other realized funds.

He added that the Ibom Airport Road extension projects, Ibom Science/Industrial Park, and various drainage projects in Uyo, the state capital, had all been shelved by the Udom Emmanuel administration in Akwa lbom State.

The International Worship Center, the Peacock Paint Factory, the Coconut Refinery, the Itu Vehicle Assembly Plant/factory, and other projects were also abandoned, according to Anana, despite the governor’s claims to the contrary. He added that Emmanuel had also abandoned the General Hospital in Ukanafun Local Government Area (LGA), popularly known as Cottage Hospital, which had been constructed and left unfinished by the previous government of Akwa lbom State.

Giving additional examples, the attorney stated that due to the state’s subpar road infrastructure, 99 percent of the roads in Ukanafun, Oruk Anam, Ibiono Ilbom, and other LGAs of the state are not tarred, making life difficult for drivers and other road users during the rainy season. Older people also struggle to access markets during the main rainy season.

The plaintiff also claimed that Akwa Ibom State is so impoverished that even retired public and civil officials’ gratuity go underpaid. He pointed out that the governor requested the Peoples Democratic Party’s (PDP) nomination to run in the presidential race in the midst of all of this.

Anana claimed that he had written to the Akwa Ibom governor on November 30, 2022, using DHL, demanding details on the income and spending of the Akwa Ibom State Government under the leadership of Emmanuel in order to learn what the state spent money on.

In accordance with the Freedom of Information Act of 2011, he also claimed to have written the state’s Accountant General on November 30, 2022, using DHL, demanding details on the revenue and expenditures of the Emmanuel-led Akwa Ibom State Government.

In accordance with the Freedom of Information Act of 2011, he continued, a letter dated January 11, 2023 was also sent through DHL to the AGF asking for details on the federal monthly allocation to the Akwa Ibom State Government and the 13 percent derivation fund paid to the Akwa Ibom State Government under the leadership of Emmanuel.

Anana claimed that the only person to respond to his letter and omit the requested information was the AGF.

The applicant claimed that the information he requested had been illegally withheld from him by the Governor of Akwa Ibom State and his Accountant General.

He claimed that the defendants’ reluctance to provide the necessary information was illegal, criminal, and harmful to the political, economic, and social development of Akwa Ibom State and all of Nigeria. A high level of corruption in the defendants’ respective public offices was also demonstrated, he continued, by their failure to release the material.

He claimed that the defendants had conspired to withhold the necessary information from him in violation of the Freedom of Information Act, and that it was vital to compel them to do so since the three defendants were not above the laws of this country.

According to the lawsuit, the governor of Akwa lbom State was ready to flee with state resources and is currently on the verge of doing so due to a lack of sufficient accountability.

Although the lawsuit was brought in the interest of justice, he thus pleaded with the court to decide all the issues in his favor. He wants the court to decide, among other things, whether Akwa Ibom State is a public institution under Section 2 (1)(2) of the Freedom of Information Act of 2011 and has the right to preserve records of all of her operations, companies, and activities.

“The Government of Akwa Ibom State, led by Governor Udom Gabriel Emmanuel, is entitled to document information relevant to receipts and expenditures of public or other monies of the state, whether by virtue of Sections 2 (3) (v) of the Freedom of information Act 2011 or not.

“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,” he further urged the court to do under the direction of Governor Udom Gabriel Emmanuel, from the Federal Government of Nigeria to the Akwa Ibom State Government.

“A declaration that he is entitled, under Section 2 (3)(v) of the Freedom of Information Act, to request information from the Akwa Ibom State Government regarding the use and/or expenditure of the 13 percent oil derivation refunds paid by the Federal Government of Nigeria to the government of Akwa Ibom State, the Internally Generated Revenue (IGR) of Akwa Ibom State, and the monthly Federal allocation to the government of Akwa lbom State.

“A declaration that he is authorized by Section 2 (3)(v) of the Freedom of Information Act to request information from the Government of Akwa lbom State on the capital projects it has started under the direction of Governor Udom Gabriel Emmanuel before the court, projects’ costs, where they are located, and the contractors that have worked on them since they began.

“An order of the court directing the Accountant-General of the Federation to provide to him, in writing, the total sum paid as 13 percent oil derivations refund and Federal Monthly Allocation to Akwa-Ibom State Government, under the leadership of Udom Gabriel Emmanuel.

“An order of the court directing the Governor of Akwa-Ibom State and 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 of all depreciation refunds realized and of paid to Akwa lbom State during the tenure of Governor Udom Gabnel Emmanuel as Governor of Akwa-Ibom State.

“An order of the court directing the Governor of Akwa Ibom State and 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 bom State are expended under the leadership of governor Gabriel Emmanuel Edom.

“An order of the Court directing the Akwa Ibom State Governor and the Akwa Ibom State Accountant General to reveal to him in writing any additional funds received by the Akwa Ibom State Government under the leadership of Governor Udom Gabnel Emmanuel.

“An order of the Court directing the Akwa Ibom State Governor and the Akwa Ibom State Accountant General to disclose to him in writing the “Capital Projects” undertaken by the government of Akwa Ibom State under the leadership of governor Udom Gabriel Emmanuel, the location of the projects, the costs of the projects, and the contractors of those projects from inception until date.”