WARRI/Nigeria: In a bold move aimed at seeking justice for the oil and gas producing communities in Delta State, Comrade Mulade Sheriff, a well-known advocate for human, environmental, and development rights, has taken legal action against the immediate past Governor of Delta State, Senator (Dr) Ifeanyi Arthur Okowa, former Governor Dr Emmanuel Eweta Uduaghan, Delta State Oil Producing Areas Development Commission (DESOPADEC), and the Attorney-General of Delta State. The activist, who hails from the oil-rich Kokodiagbene Community in Gbaramatu Kingdom, Warri South West Local Government Area, filed the lawsuit at the High Court in Warri.
The Legal Battle for Constitutional Interpretation
Comrade Mulade Sheriff’s lawsuit seeks the interpretation of Section 162 (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 13 (1) of the Delta State Oil Producing Areas Development Commission (DESOPADEC) Law of 2006 (as amended). These sections outline the legal framework for the allocation of funds to cater to the welfare of the oil and gas producing communities in Delta State.
DESOPADEC’s Mandate and Allegations of Misappropriation
According to the DESOPADEC Law, the commission is meant to exclusively receive and administer 50% of the Oil Derivation fund accruing to the Delta State Government. This fund is intended for the rehabilitation of the oil producing communities/areas and other development projects as determined by the communities. However, Comrade Mulade Sheriff claims that previous administrations, including those of Dr Emmanuel Eweta Uduaghan and Senator (Dr.) Ifeanyi Okowa, have unlawfully withheld the commission’s entitlement, leading to a lack of development in the oil producing communities.
Mobilizing Communities and Seeking Accountability
In his quest for justice, the activist recently rallied host communities under the Association of Oil and Gas Producing Communities of Delta State. They converged at the headquarters of the Economic and Financial Crimes Commission (EFCC) in Abuja, calling for a thorough investigation into the misappropriated funds and their recovery for the development of the oil producing communities.
The Alarming Figures and Alleged Malfeasance
Comrade Mulade Sheriff stated that he is also demanding accountability for the staggering sum of N1.863,478,177,892.60 (ONE TRILLION, EIGHT HUNDRED AND SIXTY-THREE BILLION, FOUR HUNDRED SEVENTY-EIGHT MILLION, ONE HUNDRED AND SEVENTY-SEVEN THOUSAND, EIGHT HUNDRED NINETY-TWO THOUSAND, SIXTY KOBO) received by the Delta State Government between 2007 and 2022. These funds were meant for the rehabilitation and development of the oil producing communities but were allegedly misappropriated.
Accusations of Abuse and Violation of the Law
Expressing his disappointment and anger, Comrade Mulade Sheriff accused the former Governors, Dr Emmanuel Ewetan Uduaghan and Senator (Dr.) Ifeanyi Okowa, of deliberately abusing, violating, and breaching the provisions of Section 162 (2) of the Nigerian Constitution and Section 13 (1) of the DESOPADEC Law. He claimed that they misappropriated funds for personal use, neglecting the welfare of the suffering people in the oil and gas producing communities of Delta State.
Underfunding and Missing Funds
The activist pointed out that DESOPADEC was grossly underfunded by the Delta State Government, particularly during Senator Dr Ifeanyi Arthur Okowa’s tenure. Despite receiving a substantial sum of N1.077,450,285,552.17, the government consistently disbursed less than N20,000,000,000 (Twenty Billion Naira) annually over the past eight years. The immediate-past State Commissioner for Information, Mr Charles Aniagwu, acknowledged that the state remitted N208 billion to DESOPADEC from 2015 to 2023. However, this falls significantly short of the expected amount of N538,725,142.776,085k (FIVE HUNDRED THIRTY-EIGHT BILLION, SEVEN HUNDRED AND TWENTY-FIVE MILLION, ONE HUNDRED FORTY-TWO THOUSAND, SEVEN HUNDRED SEVENTY-SIX THOUSAND, EIGHTY-FIVE KOBO). A discrepancy of N330,725,142.776,085k (Three Hundred and Thirty Billion, Seven Hundred Twenty-Five Million, One Hundred and Forty-Two Thousand, Seven Hundred Seventy-Six Thousand, Fifteen Kobo), excluding January 2023 to May 2023, remains unaccounted for. Comrade Mulade Sheriff demands the recovery of these missing funds through legal means to support the development of the oil and gas producing communities in Delta State.
The Outcome Awaited
As the lawsuit unfolds in the High Court, Warri, the oil and gas producing communities of Delta State eagerly await a fair and just resolution. Comrade Mulade Sheriff’s actions represent a significant step towards holding accountable those responsible for the alleged misappropriation of funds meant for their development and well-being.
