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Delta under obligation to account for derivation funds – Court

Published

10 years ago

July 6, 2016

A Delta State High Court, sitting in Warri, has declared that the Delta State Government is under a legal obligation to render account of the 13 per cent derivation funds received from the Federation Account, under the Freedom of Information Act.

Justice P. Onajite Kuejubola handed down the decision in her judgment in a suit filed by Olakunle Edun and others Vs Governor of Delta State and another.

The claimants’ suit was to compel the Delta State Government to account for the 13 per cent derivation funds received from the Federation Account in view of alleged failure of or non-existence of infrastructure in Warri and other oil producing communities.

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The court, while refusing to grant some of the reliefs sought by the claimants, granted the main reliefs, among which were a declaration that by virtue of the provisions of Section 1 (1) (3) 3 (1) of the Freedom of Act, 2011, the defendant, being a public officer, is under a legal obligation to provide the claimants with information requested as contained in the letter, dated September 15, 2015.

The court also granted the request for the government to explain the constitutional basis for allowing only 50 per cent of the derivation funds from the Federation Account to the Delta State Oil Producing Areas Development Commission, DESOPADEC and retaining the remaining 50 per cent.

The court also ordered the state government to publish a comprehensive account of how the other 50 per cent allocated to DESOPADEC had been utilised and list of projects utilised for and the total amount that had so far been paid to Delta State from the Federation Account from the date of commencement of the DESOPADEC Law (August 1, 2006) and thereafter, till date.