According to the group, the diversion is being planned through a payment of an alleged phony scam distilling contracts by the newly inaugurated board of the commission.
A Niger Delta advocacy group, Alliance for Growth and Development has dragged the Niger Delta Development Commission (NDDC) before the Rivers State High Court over what it claimed is an alleged plan to divert N200 billion through payment of an alleged scam on distilling contracts in Rivers State.
According to the group, the diversion is being planned through a payment of an alleged phony scam distilling contracts by the newly inaugurated board of the commission.
The group in the suit jointly filed by Kegan Weli and Ameh Tobin and tagged No. PHC /CS/2023 is among others, seeking a declaration that the process of initiating, awarding and supervision of the so-called distilling contracts by the board is a public scam.
The claimants argued that the contracts were corrupt acts intended to deny the people of Rivers State in particular and the Niger Delta in general of substantial funds meant for the development of the region.
The court documents read, “1. A DECLARATION that the process of initiating, awarding and supervision of the so-called DESILTING contracts by the Defendant is a public scam, Corruption intended to deny the people of Rivers State in particular and the Niger Delta in general of substantial funds meant for the development of the region.
“2. A DECLARATION that the process of initiating, award and supervision of the so-called DESILTING contracts by a single body in the Defendant, the Environmental and Pollution Control (EPC) unit is contrary to the internal checks and balances and control mechanisms laid down by the Defendant to curb corruption.
“3. A DECLARATION that the purported completion certificates issued to several contractors running into over Two Hundred Billion Naira (N200,000,000,000.00) is a flagrant abuse and waste of public funds.
“4. A DECLARATION that the payment of such huge sums as in prayer 3 above if not stopped by this Honourable Court, will deny proper and legitimate contractors of the defendant who are involved in verifiable projects in the Niger Delta such as roads, drainages, school construction, street lighting, etc of funds to be paid with and deprive the people of the region the legitimate infrastructure and services for which the Defendant was established.
“5. AN ORDER of INJUNCTION restraining the Defendant whether by itself, its servants, agents, operatives and privies or howsoever otherwise from making any payments to any purported contractors for any DESILTING jobs.
“6. The Claimants further aver that the current board of the Defendant has now decided to pay people who were awarded phony contracts and to extract 75% of all such moneys paid to the contractors because they are aware that no jobs were done and no expenditures incurred by the purported contractors.”
The group further alleged the misuse of funds by the board touching on the welfare and wellbeing of the people of the Niger Delta and that the proposed payments on fake or phony projects/contracts was the height of corruption.
It claimed that the new NDDC Board had prepared vouchers and was ready to make payments for desilting that runs to over N200 Billion.
The document read further, “7. The Claimants also aver that they and their families and communities in Rivers State and other parts of the Niger Delta will be adversely affected directly if the Defendant is not estopped from making the said payments for Desilting as such funds running into over N200,000,000,000.00 (Two Hundred Billion Naira) would serve the legitimate purpose of improving the lives and well-being of the people of the Niger Delta who are negatively impacted by the activities of the oil and gas operators in the region.
“8. The Claimants aver that this suit is brought in the interest of the general public in the Niger Delta as the misuse of funds by the Defendant touches on the welfare and wellbeing of the people of the Niger Delta. The proposed payments on fake or phony projects/contracts is the height of corruption which led to EFCC taking over the funds of the Defendant which also led to the Claimants filing suit no. PHC/2048/CS/2022 hereinbefore pleaded.
“9. The group alleged that the new NDDC Board has prepared vouchers and is ready to make payments for desilting that run to over N200billion.
“10. The group in its claims insists that unless restrained by the Honourable Court, the NDDC will go ahead and make the said payments for desilting which run to over Two Hundred Billion Naira thus depriving those who have done legitimate jobs of payment and denying the Defendant the ability to award legitimate contracts that will have a positive effect on the lives of the people of the Niger Delta region including myself and the 2nd Claimant.
“11. This group had in an action in 2022 against the EFCC in suit no. PHC/2048/CS/2022 asked for several reliefs against the Economic and Financial Crimes Commission (EFCC) wherein it alleged that the EFCC was interfering with and diverting the statutory contributions of Oil Multinationals meant for the Development of the Niger Delta region. In a judgment dated 2nd November, 2022, Hon. Justice L. Ngbor-Abina of the Port Harcourt High Court entered judgment against EFCC and for the protection of the funds of the Defendant meant for the development of the Niger Delta pursuant to Section 14(2) of the NDDC Act.
“13. The Court in its judgment Declared that the act of directing all the multi-national oil and gas companies to pay the statutory levy or levies or sums due to the Niger Delta Development Commission to the Defendant without any valid Court Order with a view to starving the Niger Delta Development Commission of funds with which to carry out its mandatory obligations in the Niger Delta Area is barbaric, inhuman, unjustifiable, null and void ab initio.”
“14. The Court made orders directing the EFCC to immediately remit, return and/or account for all the monies collected or received on behalf of the Niger Delta Development Commission from all the major Oil and Gas Companies operating in the Niger Delta Area within the last six (6) months and to return same forthwith into the account of the Niger Delta Development Commission.
“The Claimants seek to rely on the said judgment at the hearing of this suit. The Claimants stated that by the said judgment, they secured for the NDDC for legitimate use in the development of the Niger Delta sums in the region of over Three Hundred Billion Naira.”