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For allegedly
withholding over N274.2 billion of the Federal Government’s compulsory
contribution to the Niger Delta Development Commission (NDDC), an
indigene of the Niger Delta area has taken President Goodluck Jonathan
to the federal High Court in Abuja.

Onengiye Elekima,
an indigene of Bukuma, joined the Attorney General of the Federation
(AGF) and Minister of Justice, Adoke Bello and the NDDC as defendants.

He said he wants
the court to declare the president’s action as unlawful, unjustifiable
and ultra vires the provisions of the NDDC (establishment) Act.

The trial Judge,
Ibrahim Auta, who did not sit on the matter, adjourned hearing in the
matter, through the Registrar till December 1, 2010.

The plaintiff is
praying the court for a declaration that the failure of the AGF (3rd
defendant) to take steps to recover these monies from the president was
a breach of the said law and the trust it owes him as a person directly
affected and entitled to benefit from the operation of the NDDC Act
2000.

Mr Elekima wants
the court to order the president and the AGF to comply with the
provisions of Section 14(2) (a) of the NDDC Act 2000 to immediately
release or pay the aforementioned N274, 159, 428, 139.23 belonging to
the commission allegedly withheld.

Not making payments

In an affidavit in
support of the originating summons, the plaintiff averred that the NDDC
Act requires the federal government to contribute to the commission’s
fund, 15 percent of the total monthly statutory allocation due to the
oil producing states.

According to him, a
check at the Revenue Mobilization Allocation and Fiscal Commission and
the office of the Accountant General of the Federation with respect to
accruals and disbursements of money from the consolidated fund, the
federal government has not been making the aforesaid compulsory
contribution to the fund.

“The 1st defendant
has consistently maintained (publicly) that those monies are withheld
on his orders and have remained withheld from 2000 to 2007”, the
affidavit stated and added that the payment of the money will enhance
the operations of the commission as it will enable it carry out its
responsibilities to the Niger Delta Region.

“All efforts by me and other well meaning people in my area to get
the board of the 3rd Defendant (NDDC) to take steps to recover the
withheld fund has been to no avail as the board have wilfully refused
to do so”, he said and prayed the court to order the payment of the
said money by the federal government in the interest of justice.