Akwa Ibom government is claimed to have collected a humongous sum of N71,997,507,634.22 as a 13 percent derivation fund accrued from the Federation Accounts Allocation Committee (FAAC) from January 2015 to August 2019.
However, the improper utilisation of the whopping fund for the execution of development projects in the local government areas in Akwa Ibom endowed with natural resources has pitched a former local government chairman against Akwa Ibom governor, Udom Emmanuel.
Consequently, Chief Aniekan Willie Akpan, the former Chairman of Eket Local Government Area, has dragged Akwa Ibom governor and the state Attorney-General and Commissioner for Justice to court for contravening and non-compliance with relevant sections of the State Joint Local Government Account, SJLGA by the State Assembly which became operational from 1st January, 2009.
The case filed at High Court No.II in Eket on November 5, 2019, came for first hearing on Tuesday, January 14, 2020 in the court.
The court presided over by Justice Eno Isangedighi adjourned the matter to March 3, 2020, to allow the defendants to file their documents to counter the plaintiff’s.
In a voluminous document obatined from Straightnews in Uyo, Akpan, a chieftain of the All Progressives Congress, APC, in suit no HEK/72/2019 filed by his lead counsel, Peter Ime Akpan of Ime Akpan and Company, Eket, prayed the court for the determination of whether Akwa Ibom State Government has complied with provisions of the State Local Government Account Law 2009.
The former council boss also prayed the court to determine whether Eket Local Government Area of Akwa Ibom State is entitled to projects appropriated within 15 percent of the derivation revenue standing to the credit of Akwa Ibom State from the year 2009 till date.
He, therefore, sought the court’s declaration that the defendants- Governor Udom Emmanuel and Mr. Uwemedimo Nwoko- have contravened the provisions of the State Joint Local Government Account Law 2009 having failed to comply with section 3(a) & (c) of the law.
The plaintiff further sought an order of the court for the defendants to comply forthwith with the State Joint Local Government Account Law 2009 and also seek court perpetual injunction to restrain the defendants from further contravening the provisions of the State Joint Local Government Account Law 2009.
Akpan posited that “the provisions of Section 3(a) & (c) of the State Joint Local Government Account Law 2009 of Akwa Ibom State is clear and unambiguous to the effect that the minimum 15% of the derivation revenue standing to the credit of Akwa Ibom State from Federation Account pursuant to subsection, 2 of section 162 of 1999 constitution must be appropriated for projects in local governments from where natural resources are derived.
In one of his exhibits marked Exhibit ANIEKAN C, he affirmed that the sum of 71,997,506,634. 22 is the minimum of 15% of 13% derivation fund accrued to Akwa Ibom State but that there were no projects in Eket LGA.
The State Joint Local Government Account Law 2009, section 3 sub-sections (a-c) state “A minimum of 15% shall be appropriated for projects in the local government areas from where natural resources are derived; 5% shall be retained by the State government as Intervention Funds for the ecological land disaster problems in the state and for the development of Uyo Capital City; the balance shall be utilised by the State Government for the development of all local government areas, including the local Government Area from where natural resources are derived.”
