Derivation Funds: Delta State Govt Yet To Comply With 2016 Judgement To Give Account of

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The Delta State government is yet to comply with a judgement of the High Court of Warri, Delta state wherein the court had ordered that the constitutional bases of the allocation of only 50% of the derivation funds from the federation account to Delta State Oil Producing Areas Development Commission (DESOPADEC) be made known.

The above was revealed by the claimants’ counsel Mr. Kunle Edun.

In the CTC of the  judgment which has Olukunle Ogheneovo Edun, Esq., Micheal Ukusare, Esq., Okiroro Iki-Ebieroma, Esq., and Tema Edema, Esq., listed as claimants vs Governor of Delta State and Speaker Delta State Assembly as defendants was delivered on the 4th of July 2016 by Hon. Justice P.O. Onajite-Kuejubola (Mrs), the claimants upon an originating summons, dated 19th October 2015, had asked whether by the provisions of sections 1(1), 3(1) and 4 of the Freedom of Information Act, 2011, the first defendant (being a public officer) is not under a legal obligation to provide the claimants with the information requested as contained in a letter dated 15th September 2015.

The court had made the following orders:

” A declaration is hereby made that by virtue of the provisions of sections 1(1), 3(1) and 4 of the Freedom of Information Act, 2011, the 1st defendant being a public officer is under a legal obligation to provide the claimants with the information requested as contained in a letter dated 15th September 2015 to wit:

(i) The constitutional basis for allocating only 50% of the derivation funds from the federation account to DESOPADEC.

(ii) The constitutional basis for retaining the remaining 50% for purposes unknown.

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(iii) Comprehensive account of how the other 50% not allocated to DESOPADEC has been utilized and list of projects utilized for.

(iv) The total amount that has been so far paid to Delta state from the federation account prior to the date of commencement of DESOPADEC Law (August 1 2006) and thereafter till date.

Counsel for the claimants, O.O. Edun has said that unfortunately, till date, the Delta State government is yet to comply with the court’s judgement and attempts at ensuring compliance has proven abortive.

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