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Coalition Asks Anti-Graft Agency, EFCC To Return Over N500Billion ‘Diverted’ Niger Delta Agency, NDDC Funds

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February 9, 2023

The coalition disclosed this at a press conference addressed by the Head of the Directorate of Research, Strategy & Programmes (APTI), Kolawole Johnson on Wednesday in Abuja.

A coalition of civil society organisations, Act for Positive Transformation Initiatives, has asked the Economic and Financial Crimes Commission (EFCC) to return over N500 billion collected from oil-producing companies in the Niger Delta on behalf of the Niger Delta Development Commission (NDDC) from 2020 to date back to the Commission (NDDC).

The coalition disclosed this at a press conference addressed by the Head of the Directorate of Research, Strategy & Programmes (APTI), Kolawole Johnson on Wednesday in Abuja.

He said the commission illegally collected 3% of the total annual budget of oil-producing companies meant as a major revenue source for the NDDC without remitting the same to the commission.

He gave the anti-graft agency a seven-day ultimatum to return the funds it allegedly collected but didn't remit, and stop further collection going forward.

The statement reads: "Against the backdrop of the enabling law regulating the administration of the Niger Delta Development Commission’s funds and assets, the Federal Government through the Economic and Financial Crime Commission has since 2020 engaged in financial illegalities that are daily shortchanging the Commission and the people of the Niger Delta region.

"Believing in the anti-corruption mantra of the Federal Government, a coalition of civil society organizations working with The Act for Positive Transformation Initiatives launched a campaign for probity and accountability on the Niger Delta Development Commission in the year 2020.

“Thus far, the campaign has merely exposed the present administration as one that only pays lip service to the war against corruption as it has failed to take any deterrent steps despite the volume of evidence presented.

"Rather, the government took advantage of the campaign to engage in systemic feasting on the Commission’s resources.

“The Act establishing the Niger Delta Development Commission, without ambiguity, gave the Commission the exclusive power to determine how its assets and funds are to be held and regulated.

 

Since 2020, the EFCC has taken over, albeit illegally, the role of collecting 3% of the total annual budget of oil-producing companies (The major revenue source for the NDDC) on behalf of the NDDC without remitting the same to the Commission.

"This was done without any legal justification and in flagrant disregard of the NDDC Establishment Act, 2000. By this act, the EFCC ambushed the provision of section 14(2) (b) of the NDDC Act, diverting and syphoning funds assigned, allotted and due to the NDDC.

"Note:  oil companies are the largest contributor to the NDDC’s revenue.

 

This act of the EFCC is ultra-vires of the powers of the EFCC provided in the EFCC Act 2004 of which collecting funds allocated by law to another body enacted by law does not apply.

 

The coalition, therefore, demanded the immediate discontinuance of demand for the 3% of the total annual budget of the oil-producing companies operating onshore and offshore in the Niger Delta, including the gas-producing companies.

 

It also called for the refund by the EFCC to the NDDC, immediately without illegal deductions of commission or charges whatsoever, within seven (7) days of all the 3% of the total annual budget of the oil-producing companies operating onshore and offshore in the Niger-Delta states including the gas producing companies that have been taken by the EFCC on behalf of the NDDC since 2020.

 

"The EFCC should within seven working days give a proper account of what has been collected thus far and make the same public for the purpose of accountability.

 

"While assuming that the Economic and Financial Crime Commission will do what is just in this regard by returning the total sum collected thus far, we call on the Commission to release the fund to a dedicated NDDC account not to be touched till after the general elections and even after the general elections, the management of the Commission should ensure every penny taken out of the fund is properly accounted for probity," it said.