Court okays request to sue AGF, Abia officials over use of LG funds

By Ikechukwu Nnochiri

ABUJA — The Federal High Court in Abuja has granted permission for an action to be filed for an order of judicial review of the utilisation of funds allocated to Local Government Areas in Abia State.

The court’s decision followed an application filed by the Incorporated Trustees of the Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC).

The Applicant alleged that government officials in Abia State refused to accede to a series of requests it made under the Freedom of Information (FOI) Act, seeking details of revenues allocated to 17 LGAs in the state and how they were utilised.

The group, through its team of lawyers led by Mr. Nnamdi U. Nwokocha-Ahaaiwe, said it specifically applied for information on monthly funds from the Federation Account Allocation Committee (FAAC), VAT receipts, budgets, procurement records, audit reports, expenditure schedules, bank account details, and bank statements relating to the finances of the LGAs.

Listed as respondents in the matter are: the Chairman, Abia State House of Assembly Committee on Local Government and Chieftaincy Affairs; the Accountant General of Abia State, Deaconess Njum Uma-Onyemenam; the Permanent Secretary, Ministry of Finance, Abia State, Agatha Obichiakwalam; the Permanent Secretary, Ministry of Local Government and Chieftaincy Affairs, Abia State, Lady Oge Maduka; the Secretary to the Board of the Central Bank of Nigeria, Rashida Jumoke Monguno; and the Accountant General of the Federation, Dr. Shamseldeen B. Ogunjimi.

Other respondents in the suit, which is equally seeking to compel the prosecution of Abia State officials for allegedly acting in breach of Section 7(5) of the FOI Act, 2011, include the Attorney General of the Federation, Prince Lateef Fagbemi, SAN, and the Managing Director and Chief Executive Officer of Union Bank of Nigeria Plc, Yetunde Oni.

Meanwhile, the court, in a ruling delivered by Justice Ekerete Akpan, granted the applicant leave to file an action for judicial review, even as it adjourned further proceedings in the case until October 26.

Among the reliefs the applicant is seeking from the court are: “A declaration that the failure/refusal of the 1st to 6th Respondents to furnish the information requested by the Applicant in its FOIA requests constitutes a deemed refusal and a flagrant violation and breach of the Applicant’s rights under the FOIA and the Constitution.

“A declaration that the 1st to 6th Respondents’ wrongful denial of access to the information requested by the Applicant constitutes an offence under Section 7(5) of the Freedom of Information Act, 2011, and that each of the 1st to 6th Respondents is liable on conviction to a fine of five hundred thousand naira only (N500,000.00).

“An order of mandamus directing the Honourable Attorney-General of the Federation (7th Respondent) to initiate or cause the initiation of criminal proceedings against the defaulting 1st to 6th Respondents for the criminal offence created under Section 7(5) of the Freedom of Information Act, 2011, within seven (7) days of the grant of the order of mandamus by the honourable court.

“An order awarding the sum of twenty million naira only (N20,000,000.00) as exemplary damages against each of the 1st to 6th Respondents, severally, in favour of the Applicant.”

As well as: “An order awarding the sum of ten million naira only (N10,000,000.00) as costs of this action against each of the 1st to 6th Respondents, severally, in favour of the Applicant.”

The Applicant maintained that the legal action will help strengthen public accountability and the management of funds that have accrued to LGAs in Abia State since July 11, 2024, when the Supreme Court delivered a judgment granting financial autonomy to LGAs in the country.

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