A Federal High Court sitting in Lagos has fixed May 24, 2023, to hear a suit filed by a former counsel for the Economic and Financial Crimes Commission (EFCC), Nkereuwen Mark Anana, against the Akwa Ibom State Governor, Mr. Udom Emmanuel and two others over the spending of 13 percent derivation refunds.

Listed as the Governor’s co-respondents in the suit numbered FHC/L/CS/423/23, are the Accountant General of the State and the Accountant-General of the Federation.

In the suit, Anana is asking the court to determine the following: “Whether Akwa lbom State is a public institution that by virtue of Section 2 (1) and (2) of the Freedom of Information Act 2011, is entitled to keep information about all her activities, operations and businesses.

“Whether by virtue of Sections 2 (3)(v) of the Freedom of Information Act 2011, the Government of Akwa Ibom State headed by Governor Udom Gabriel Emmanuel is entitled to document information relating to receipts and expenditure of public or other funds of the State.

“Whether the plaintiff is by virtue of the Freedom of Information Act 2011, entitled to seek before the Court information from the Akwa Ibom State Government under the leadership of Governor Udom Gabriel Emmanuel, on all her activities, operations and businesses.

“Whether the plaintiff is entitled to seek before the court information from Akwa Ibom State Government on the income and expenditure of the 13 percent oil derivation refunds aid by the Federal Government of Nigeria to the state government, under the leadership of Governor Udom Gabriel Emmanuel.

“Whether the plaintiff is entitled to seek before the Court information from Akwa Ibom State Government on the income and expenditure whatsoever derivable by the State Government from Internally Generated Revenue (IGR) Federal Monthly allocation, Ecological Fund etc.

“Whether the plaintiff is entitled to seek before the court information from Akwa Ibom State Government on the capital projects embark upon by the State government under the leadership of Governor Udom Gabriel Emmanuel, the location of the projects, the cost of the projects and the contractors of those projects from inception till date.”

Anana states that if the above are determined in affirmative, then he is urging the court for the following reliefs among others: “A declaration of the Court that by Sections 2 (3)(v) of the Freedom of Information Act, he is entitled to seek before the Court information from Akwa Ibom State Government on the income from Internally Generated Revenue of Akwa Ibom State, Monthly Federal allocation to Akwa Ibom State, Ecological fund paid to Akwa Ibom State and 13 percent oil derivation refunds from the Federal Government of Nigeria to Akwa Ibom State Government under the leadership of Governor Udom Gabriel Emmanuel.

“An order of the court compelling the Accountant-General of the Federation, to disclose to him, in writing, the total amount of money paid as 13 percent oil derivations refund and Federal Monthly allocation to Akwa lbom State Government, under the leadership of Udom Gabriel Emmanuel by the administration of President Muhammadu Buhari.

“An order of the court compelling the Governor of Akwa Ibom State, the State Accountant General, to disclose to him in writing, the total amount of money generated internally, Federal Monthly allocation from Federal Government of Nigeria and 13 percent oil derivation refunds realized and paid to Akwa Ibo State within the dispensation of Governor Udom Gabriel Emmanuel as Governor of Akwa lbom State.

While Justice Tijjani G. Ringim has fixed May 24 for the hearing of the suit, the second defendant, the State’s Accountant-General, is yet to file any response to the suit.