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$12bn Gulf-War Oil Funds: Court Stops IBB’s Trial
The Federal High Court yesterday in Abuja dismissed an application demanding information on the statement of account relating to the spending of the $12.4 billion oil windfall between 1988 to 1994.
Ruling on objections raised against the application, Justice Gabriel Kolawole held that the court lacked the jurisdiction to hear the matter.
Kolawole further held that the applicants did not have the requisite ‘locus standi’ to institute the action.
The Registered Trustees of Socio-Economic Rights and Accountability Project (SERAP), Access to Justice and Human and Environmental Development Agenda (HEDA) filed the application.
The Women Advocates Research and Documentation Centre (WARDC), Committee for the Defence of Human Rights (CDHR) and Partnership for Justice were de-listed as joint applicants due to wrong representation.
The Attorney-General of the Federation (AGF) and the Central Bank of Nigeria (CBN) were the respondents.
The Judge held that the applicants could not establish the allegation of a “dedicated account” within the CBN where the money was domiciled.
Kolawole further said the action was “status barred” as applicant failed to approach the court within 12 months allowed by law in 2005 after the release of the late Chief Pius Okadigbo Report on the misappropriation of the windfall.
He said that the applicant had failed to produce a certified copy of the Okadigbo Report, adding that “the issues raised remained doubtful in the circumstance”.
According to the Judge, the applicants did not give the claims the required legal perimeter to push the court to grant the reliefs adding that “the claims are non-justiceable”.
“More worrisome is the fact the Fundamental Rights Enforcement Procedure Rules 2009 relied on by the applicant is in conflict with Section 46 (1) (3) of the 1999 Constitution. “The Chief Justice of Nigeria has assumed legislative powers in the amendment of the rules to enlarge the justiceable rights of the applicants not originally captured in the Constitution.
“This is, however, not done to discredit the justiceable rights as enshrined in the African Charter on Fundamental Human Rights, which the applicants may have relied on heavily. “All the equitable relives sought in the application are hereby dismissed, unless the applicants are able to establish the existence of a dedicate account which the money was kept, I am afraid the other auxiliary relives shall not be granted,” he added.
The applicants had in 2010 brought the motion on notice pursuant to Order 1 Rule 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009 as reserved by Section 315 of the 1999 Constitution.
They have also relied on Order 2 Rules 1, 2, 3, 4, and 5 of the Fundamental Rights (Enforcement Procedure) Rules 2009 and the inherent jurisdiction of the court
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