£4.2m Ibori loot: Court urged to restrain FG
The Federal Government has been sued over its planned use of the £4.2million linked to former Delta State Governor James Ibori.
The President, League of Ndokwa Professionals (LNP) Chief Tony Amechi and Legal Adviser, Evans Ufeli, on behalf of the people of Delta State, are challenging the Federal Government’s plan to deploy the funds to projects outside Delta.
The Attorney-General of the Federation (AGF), the Federal Executive Council (FEC) and the Minister for Finance are the defendants.
In their originating motion, the plaintiffs seek a declaration that the first and second defendants’ decision to deploy the yet to be repatriated sum of £4.2million belonging to Delta State government (when repatriated) for Federal Government’s projects is unconstitutional and repugnant to natural justice, equity and good conscience.
They are, therefore, seeking an order of perpetual injunction restraining the defendants, whether by themselves, officers, agents, privies, servants or through any person or persons, howsoever, from deploying the yet to be repatriated £4.2 million (when repatriated) for any federal project.
They are praying for an order of the court directing the first and second defendants to reverse the Memorandum of Understanding to deploy the £4.2 million to the Federal Government’s projects.
They further asked for an order of directing the Minister of Finance to transfer the £4.2 million to the Delta government once paid to the Nigerian government by the British government.
The plaintiffs raised four issues for determination.
They asked the court to determine whether, having regards to the clear provisions of Section 12 (1) of the 1999 Constitution (as amended), and whether by the combined reading, effect and/or expansion of Section 42 (1) a, b, (2) (3) of the 1999 Constitution as amended, Article 35 of the of the United Nations Convention against Corruption, the first and second defendants have the powers to sign a Memorandum of Understanding with the British government on behalf of Nigerians without subjecting same to the National Assembly to be domesticated and rectified in accordance with Section 12 (1) of the 1999 Constitution as amended.
They also asked the court to determine whether, having regards to the combined effect and community reading of Section 150 (1), Section 174 (1), a, b ,c (2)(3) of the 1999 Constitution (as amended) which respectively defines the scope, power, functions and creation of the office of the Attorney-General and Minister of Justice, he should supervise an obnoxious practice to arm-twist Delta State of its resources under the guise that the recovered £4.2 million proceeds of crime will be used to fund the Abuja–Kano Road, the Lagos- Ibadan Expressway and the Second Niger Bridge. Punch
