Niger Delta
Court Orders FG To Pay $1.638bn Derivative Arrears To Delta
The Abuja Division of the Federal High Court, on Monday, ordered the Federal Government to pay $1,638 billion to the Delta State.
The court, in a judgement that was delivered by Justice Donatus Okorowo, said it was satisfied that the amount was 13 per cent derivative sum due as arrears of revenue payable to the oil-rich state.
It granted all the reliefs that were sought by plaintiff, stressing that the suit, being an action instituted to recover revenue accruing to the Delta State government, qualified for the undefended list.
Delta state had in the suit marked FHC/ABJ/CS/660/2012, which it filed through Chief Ken Njemanze, SAN, urged the court to compel the Attorney-General of the Federation (AGF), to pay five per cent of $50billion recovered as additional revenue that accrued to the Nigerian government.
It prayed the court to, “direct the Defendant (AGF) to pay the sum of $ 1,638,396,277.00 (One billion, six hundred and thirty-eight million, three hundred and ninety-six thousand, two hundred and seventy-seven United States dollars) being the 13 per cent derivative sum due as arrears of revenue payable to Delta State as assessed.
“A consequential order of this court compelling the defendant to net off and pay five per cent of the said sum as per clause 3.0(v) of the defendant’s letter of engagement dated 12 April, 2018 and clause 3.0(v) the defendant’s further letter of engagement dated 19 November, 2018, pursuant to clause lll(d) of the terms of settlement made the (consent) judgement by the Supreme Court”
As well as, “10 per cent post judgment interest at court rate on the said $ 1,638,396,277.00 (One billion, six hundred and thirty-eight million, three hundred and ninety-six thousand, two hundred and seventy-seven United States dollars) to the plaintiff until final liquidation thereof.”
However, the AGF, in a counter-affidavit he filed before the court, sought the dismissal of the suit which he said lacked competence.
In the affidavit that was deposed to by one Thomas Etah, a staff of the Federal Ministry of Justice, Abuja, the AGF, argued that Delta State was not a party in the terms of settlement in a similar revenue derivation suit between the Akwa-Ibom, Bayelsa and Rivers State governments delivered by the Supreme Court.
He contended that it would not serve the interest of justice to grant the plaintiff’s claim against the defendant without full hearing of the matter.
“That the terms of settlement in question have been entered as judgement of the court between the parties before the court,” the AGF argued.
In a preliminary objection dated September 22, 2021, the AGF, further challenged jurisdiction of the federal high court to entertain the suit.
He argued that under Section 251 of the 1999 Constitution, as amended, the High Court, lacked the powers to adjudicate between a State and the Federation.
“The subject matter of this suit is a dispute between the Delta State as a State and the Federation.
“That the subject matter relates to the recovery of revenue accruing to the federation account, the beneficiaries of which are the Federation and the States of the Federation.
“That the subject matter of this suit is not to be commenced by way of undefended list,” the AGF added.
However, in his judgement, Justice Okorowo dismissed the objection.
Dufugha, however, expressed resentment over what he described as stringent measures against assessing the State’s Students Loan Scheme, especially for the common citizens.
He made the observations while briefing journalists at the Earliest Ikoli Press Centre, Ekeki, in Yenagoa, the State capital.
“I commend the Governor for the relative peace in the state owing to his approach to the security of lives and properties in the State.
“For now, the police in Bayelsa State is using drones to monitor red flag areas that can cause security breaches and that has really encouraged the peace in the State.
“The security situation has improved and we commend the government for that. We cannot deny the fact that there is relative peace in the State”, he said.
On the State’s students loan, the publisher accused the scheme of having elitist posture due to its accessibility process.
He argued that it would be difficult for the ordinary Bayelsan to provide a Level-17 civil servant as guarantor to be able to benefit from the scheme, describing it as a systemic denial of the less privileged.
He noted that the loan was supposed to be a succour to indigent Bayelsa parents and students who could not assess education easily, noting that such persons should not be made to face cumbersome situations before assessing the financial instrument.
On road infrastructure, the Niger Delta Herald Publisher and Editor-in-chief praised the Diri’s administration on the work done on the three senatorial district roads and tasked the government to do more.
Dufugha, who described Bayelsa State as a wealthy State, asserted that the oil rich state needed to see more developmental strides comparative to its current financial status.
“Bayelsa is not a poor state in terms of public revenue. We’re an oil producing state. We receive federal allocations. We receive derivation revenue. We have access to enormous public resources.
“We receive interventions. Yet, after all these years, the ordinary citizen is still asking, what exactly are we getting for our money? Where are the industries? Where are the jobs? Where are the functional health institutions? Where is the agricultural transformation? Where is the human capital development? Where is the economic diversification?,” he argued.
He enjoined the government to redouble effort in the education and health subsectors, adding that it would pay the state a lot if there were centres for the treatment of critical health cases such as cancer and others in order to save lives and avoid capital flight.
The Publisher urged the Senator Diri-led government and the public not to misunderstand his message as hatred or personal issues with the Governor, but see it as a constitutional and professional duty to hold government accountable.
By: Ariwera Ibibo-Howells, Yenagoa
Deputy Governor of the State, Dr. Peter Akpe, stated this rexently when he received the Resident Anti-Corruption Commissioner of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) in ernment House, Yenagoa.
charge of Bayelsa and Rivers States, during a courtesy visit to Government House, Yenagoa.
Akpe said the general perception of those in politics has always been that of corruption, but noted that the position of the Douye Diri-led Prosperity Administration is non-tolerance for corruption.
Akpe, who frowned at the habit of writing unfounded petitions against individuals and groups, said the heap of petition files from Bayelsa State at the ICPC was several times higher than that from any other state in the country.
He reminded residents that writing unjustifiable petitions to anti-graft agencies is not only a bad culture, but also attracts jail penalty, and assured the ICPC of the state government’s support to improve public enlightenment.
“Our government is a government that believes in zero tolerance for corruption; that is why we are always open to interact with you and other anti-graft agencies.
“Usually, there is this issue of negative perception of politics and politicians. But it is not true that every politician is corrupt. We have a good number of people in politics that are not corrupt, and we believe that a good percentage of them are in this government.
“The issue of petitions at the ICPC: What we observed was that the heap of files from Bayelsa were 10 times higher than the ones from even Lagos, and 15 more times than the ones from Sokoto and other states.
“That is quite disturbing. More so, most of those petitions were ion, our people should also know that such frivolous petitions can land them in jail”, he saidfrivolous.
From a personal experience, I can tell you that most of the petitions are extremely frivolous. While we will never tolerate corruption, our people should also know that such frivolous petitions can land them in jail”, he said.
Earlier in her remarks, the ICPC Resident Anti-Corruption Commissioner in charge of Rivers and Bayelsa States, Dr. Ekere Usiere, highlighted the statutory mandate of the ICPC, stressing that its mission was to carry out sensitisation on the ills of corruption in the Nigerian society.
Usiere, who expressed concern at the volume of petitions currently before the ICPC emanating from communities in Bayelsa over the management of the PIA funds, expressed the commission’s desire to partner the Bayelsa State Ministry of Information to carry out sensitisation programmes.
The ICPC Resident Anti-Corruption Commissioner was accompanied on the visit by Assistant Chief Superintendent, Mr. Evans Peters; Principal Superintendent, Mr. Emmanuel Akpor; Assistant Superintendent, Mrs. Tamaraudoubra Ebebi; and the Administrative Officer, Mr. Frank Yileaziba.
By: Ariwera Ibibo-Howells, Yenagoa
The Director of Administration and Human Resources, Sir Kelechi Nwelue, gave the advice during a commission-wide staff interactive session with Pension Fund Administrators (PFAs) and insurance companies at the NDDC headquarters in Port Harcourt, Rivers State.
In a statement signed and issued by Seledi Thompson-Wakama
Director, Corporate Affairs, Nwelue said the programme, approved by the Managing Director of the commission, Dr. Samuel Ogbuku, was organised to sensitise staff on pension schemes and provide them with the knowledge required to make informed decisions about their retirement savings.
He particularly urged newly recruited employees to acquaint themselves with the operations and responsibilities of various PFAs before choosing an administrator to manage their pension contributions.
According to him, pension contributions deducted from employees’ salaries, alongside employers’ contributions, constitute long-term savings designed to provide financial support after retirement.
He urged staff to carefully assess the information provided by the participating pension administrators and choose the option best suited to their long-term financial interests.
Nwelue stressed that employees were at liberty to select their preferred pension administrator, noting that the interactive session provided an opportunity for the various companies to explain their products, services and benefits.
Also speaking, a Director in the Directorate of Administration and Human Resources, Mr. James Fole, said the programme was aimed at deepening employees’ understanding of pension, insurance and other financial instruments that could improve their financial wellbeing during and after active service.
Fole warned that inadequate preparation for retirement could expose employees to financial hardship in their post-service years.
He said: “That is not what the Managing Director, Executive Management and the entire management want for our staff. We want to see a situation where retirees enjoy a reasonable level of comfort, knowing that the Commission has contributed to their future.”
He added that equipping employees with appropriate financial knowledge while they were still in active service remained critical to achieving a financially secure retirement.
Several pension and insurance companies participated in the interactive session.
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