By Adedapo Adesanya
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the oil-producing states in Nigeria over what it perceives as the failure to account for the spending of the oil derivation refunds of N625 billion.
The federal government recently paid N625.43 billion in oil derivation refunds to the governors of Abia, Akwa Ibom, Bayelsa, Delta, Edo, Rivers, Ondo, Imo, and Cross River states.
The payments covered 13 per cent oil derivation, subsidy, and SURE-P refunds. The payments date from 1999 to 2021.
In the suit number FHC/ABJ/CS/2371/2022 filed last Friday at the Federal High Court, Abuja, SERAP is asking the court to “direct and compel the governors to disclose and widely publish the details of spending of the oil derivation refunds, subsidy, and SURE-P refunds.”
SERAP is also asking the court to “compel President Muhammadu Buhari to direct anti-corruption agencies to thoroughly investigate the spending of the public funds collected by the governors, and where appropriate, ensure the prosecution of suspected perpetrators of corruption, and the recovery of proceeds of corruption.”
In the suit, SERAP is arguing that, “The Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights impose transparency obligations on the governors to disclose the spending of the oil derivation refunds, subsidy, and SURE-P refunds.”
SERAP is also arguing that “state governors cannot hide under the excuse that the Freedom of Information Act is not applicable to their states. The governors also have clear legal obligations to provide the information, as prescribed by the provisions of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.”
According to SERAP, “It is in the public interest and the interest of justice to grant this application. Nigerians are entitled to their constitutionally and internationally recognized human right to information.”
“Under the 13 per cent derivation fund, Abia State received N4.8 billion; Akwa-Ibom received N128 billion; and Bayelsa got N92.2 billion. Cross River got a refund of N1.3 billion; Delta State received N110 billion; Edo State received N11.3 billion; Imo State, N5.5 billion; Ondo State, N19.4 billion; and Rivers State received 103.6 billion.
“On the 13 per cent derivation fund on deductions made by NNPC, Abia State received N1.1 billion; Akwa-Ibom, N15 billion; Bayelsa, N11.6 billion; Cross River, N432 million; Delta State, N14.8 billion; Edo State, N2.2 billion; and Imo State, N2.9, billion. Ondo State got N3.7 billion, while N12.8 billion was paid to Rivers State.
“The states also received N4.7 billion each, totalling N42.34 billion as refunds on withdrawals for subsidy and SURE-P from 2009 to 2015. The Federation Account also paid N3.52 billion each as a refund to local government councils on withdrawals for subsidy and SURE-P from 2009 to 2015.”
Aduragbemi Omiyale 
Modupe Gbadeyanka