By Emma Amaize
A Delta State High Court sitting in Warri has declared that
the State Government is under a legal obligation to render account of the 13
per cent derivation funds collected from the Federation Account, under the Freedom of
Information Act.
Trial judge, P.O Onajite Kuejubola (Mrs) made the
declaration on Tuesday in Warri while delivering judgment in suit No
W/377/2015, Olakunle Edun and three others vs Governor of Delta State and
another.
The 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 or non-existent infrastructures in Warri and other oil
producing communities.
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 provision
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.
Other reliefs granted was a comprehensive account of how the
other 50 per cent allowed to DESOPADEC had been utilized and list of projects
utilized for and the total amount that has so far been paid to Delta state from
the federation account to the date of commencement of the DESOPADEC Law (August 1, 2006)
and thereafter till date.
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Source: Vanguard
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