Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,143,328 members, 7,780,848 topics. Date: Friday, 29 March 2024 at 12:24 AM

Court Orders Okonjo-Iweala To Account For Missing N30tn - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Court Orders Okonjo-Iweala To Account For Missing N30tn (25177 Views)

Asian Bank, AIIB, Appoints Okonjo-Iweala To Advisory Panel / Some Nigerians Beg Okonjo-Iweala To Help With Economy On Facebook. Screen Shots / Judge Provided Legal Cover For Adoke,okonjo-iweala To Divert $1.6b LG Funds (2) (3) (4)

(1) (2) (3) (4) (Reply) (Go Down)

Court Orders Okonjo-Iweala To Account For Missing N30tn by midolian(m): 8:15am On May 22, 2016
Nigeria’s former Minister of Finance, Dr. Ngozi Okonjo-Iweala and the Federal Government have been ordered by a Federal High Court to “provide information on the spending of the alleged missing N30 trillion which represents some accruable income to the Federal Government during the last four years of the Administration of former President Goodluck Jonathan.”

The judgment was delivered  by Justice Ibrahim Buba following a Freedom of Information suit brought by Socio-Economic Rights and Accountability Project (SERAP).

SERAP’s suit followed revelations by the former Governor of Central Bank of Nigeria (CBN), Charles Soludo, that at least N30 trillion “has either been stolen or unaccounted for, or grossly mismanaged over the last few years under the Coordinating Minister of the Economy and Minister of Finance, Dr Ngozi Okonjo-Iweala’s watch.”

Justice Buba said, “Mrs Okonjo-Iweala and the Federal Government have no legally justifiable reason for refusing to provide SERAP with the information requested for. The Court has gone through the application and agrees that SERAP’s application has merits and the argument is not opposed. SERAP’s application is granted as prayed.”

The Court agreed with the arguments by SERAP deputy director Olukayode Majekodunmi that Mrs Okonjo-Iweala and the Federal Government “should have either supplied the information requested by SERAP or communicate her denial within 7 days of receipt of the letter from SERAP if she considers that the request should be denied.”

The judgment by Justice Buba reads in part: [b]“Preliminary objection by Mrs Okonjo-Iweala and the Federal Government is misconceived, the court upholds the arguments by SERAP for the reasons stated herein.”

“SERAP commenced this proceeding by way of Originating Summons dated 23 February 2015 and filed 25 February 2015. Mrs Okonjo-Iweala and the Federal Government filed a Memorandum of Conditional Appearance, a Notice of Preliminary Objection and written address, all undated but filed on 29 September 2015.”

“The preliminary objection is on the following grounds: that SERAP did not obtain the mandatory leave of the Federal High Court to issue and serve the Originating Summons and other processes outside Lagos State; that there is no mandatory endorsement on the Originating Summons that it is to be served on Mrs Okonjo-Iweala and the Federal Government in Abuja and outside jurisdiction of this Court.”

“The only issue for determination is whether Mrs Okonjo-Iweala and the Federal Government should be heard on their preliminary objection considering the totality of the circumstances of this case.”

“He who wants equity must do equity. This suit was filed on 25 February 2015 and from the record of the court was served on Mrs Okonjo-Iweala and the Federal Government on 3 July, 2015. It took about 3 months for them to come up with technical response to the simple request for information under the Freedom of Information Act 2011.”

“Mrs Okonjo-Iweala and the Federal Government have therefore been caught by Order 29 of the Rules of this Court, which requires that an application shall be made within 21 days after service on the Defendants of the originating summons.”

“If Mrs Okonjo-Iweala and the Federal Government want to raise issues about service, the law does not permit of demurer. The proper route for them should have been to join issues with the originating summons and also file their objections. In the present case by SERAP, the Notice of Preliminary Objection by Mrs Okonjo-Iweala and the Federal Government is incurably defective for not conforming to order 29 of the Rules of this Court.”

“The process adopted by Mrs Okonjo-Iweala and the Federal Government in this suit is to come by way of demurer. This process has long been abolished by the Rules of this Court. By Order 16 Rule 1 of the Rules of this Court, no demurer shall be allowed and rule 2 provides that a party shall be entitled to pursue by his pleadings any point of law and any point of law so raised shall be disposed by the judge who tries the cause at or after trial.”

”The implication of this clear provision of the rule of court is that Mrs Okonjo-Iweala and the Federal Government must join issues with SERAP on the originating summons no matter how flimsy, instead of looking for a technical way out. This technical way out has failed.”

“The concept of demurer as presently raised by Mrs Okonjo-Iweala and the Federal Government is no longer known to law especially the Federal High Court of Nigeria. It is the position of the law that the application of Mrs Okonjo-Iweala and the Federal Government should fail. Mrs Okonjo-Iweala and the Federal Government, having failed to file Counter Affidavit to SERAP’s suit, are deemed to have forfeited that option of filing anything again.”[/b]

“Having shown why the Application by Mrs Okonjo-Iweala and the Federal Government should be dismissed for failing to join issues with SERAP, the originating process must be moved on the merits.”

“On the issue of failure to obtain pre-requisite consent/leave of Court to issue and serve the originating summons on Mrs Okonjo-Iweala and the Federal Government outside of jurisdiction, Order 6 Rule 31 states that ‘in this Order out of jurisdiction means out of the Federal Republic of Nigeria.’”

“It is also necessary to refer to sections 97 and 99 of the Sheriff and Civil Process Act. The provisions apply to the validity of the service and have nothing to do with the validity of the originating process. On the strength of this clear provision, which Mrs Okonjo-Iweala and the Federal Government did not deny and incapable of denying at this point, their objection is dismissed as the validity of the process is not affected in any way.”

“The main issue in this Court’s view bothers on the legal binding obligation imposed on Mrs Okonjo-Iweala and the Federal Government by the provisions of the Freedom of Information Act access to a record of information requested for. In the case at hand, SERAP through its letter of 2 February 2015, Exhibit A, sought the information relating to the spending of the alleged missing N30 trillion, which represents some accruable income to the Federal Government during the last 4 years of the Administration of President Goodluck Jonathan. Exhibit A has been received by them, and Exhibit B is the acknowledgement of receipt of Exhibit A.”
“However Mrs Okonjo-Iweala and the Federal

Government have since the receipt of the request letter failed, refused and or neglected to provide SERAP with the information it requested for within their custody. They should have either supplied the information requested by SERAP or communicate their denial within 7 days of receipt of the application from SERAP if it considers that the application should be denied.”

It would be recalled that SERAP in February 2015 dragged Mrs Okonjo-Iweala to court over “failure to provide information about spending of the alleged missing N30tn, which represents some accruable income to the Federal Government in the past four years.”

SERAP executive director Adetokunbo Mumuni said: “This judgment shows the important role that Nigerian courts can play in the efforts to promote transparency in government and combat corruption and the impunity of perpetrators. It also confirms that high-ranking government officials can no longer escape accountability for their action while in office. We urge Mrs Okonjo-Iweala to cooperate with the authorities in the efforts to ensure the full and effective enforcement of the judgment.”

Mr Soludo had earlier reportedly asked Mrs Okonjo-Iweala: “How many trillions of naira were paid for oil subsidy (unappropriated?) How many trillions (in actual fact) have been ‘lost’ through Customs duty waivers over the last four years? Can you tell Nigerians why the price of diesel has still not come down despite the crash in global crude oil prices, and how much is being appropriated by friends in the process?”

http://www.pmnewsnigeria.com/2016/05/22/okonjo-iweala-in-new-trouble-over-missing-trillions/


8 Likes 1 Share

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by gwales: 8:16am On May 22, 2016
Madam puff puff

28 Likes 2 Shares

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by midolian(m): 8:20am On May 22, 2016
"change the change" grin grin grin

I doubted Soludo when he raised this alarm buh the Dasuki $2.1 billion dollars cleared my doubt. If a sum as huge as that can be shared on a dining table without any pity for the masses, then in 4yrs this is not impossible..in fact, I think this value's understated.


Note: The jonathan government can share anything

104 Likes 10 Shares

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by debris: 8:26am On May 22, 2016
Awaiting Amaechi nd co

12 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by princemillla(m): 8:33am On May 22, 2016
Can't wait to see this to the end

3 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by surestsam(m): 8:33am On May 22, 2016
make thunder just fire this woman jare... Useless ipobic element

11 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by Mologi(m): 8:38am On May 22, 2016
Na yemi alade be dis...oooo okonjo oya face the panel....

3 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by Lordave: 9:01am On May 22, 2016
As usual Zombies will come here to praise PMD and APC for a very good slandering article of NOI.

But as usual the FG will come out and cowardly deny ever mentioning NOI's name in any accusation made this year.

N30trn? Pathetic, coward personified clowns running Nigeria.

56 Likes 3 Shares

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by Boss13: 9:17am On May 22, 2016
Why recycle an old news?

1 Like

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by ganisucks(f): 9:20am On May 22, 2016
I read the article A̶̲̥̅̊Ω̴̩̩̩̥D̶̲̥̅̊ burst into laughter. The MODS should delete this thread, because ☀̤̣̈̇f its silliness(No offence intended †̥♥ the OP).

16 Likes 1 Share

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by tomakint: 9:22am On May 22, 2016
**laughs** another red herring from the staple of this useless, direction less, inept government of Buhari undecided as if Madam NOI dey run

30 Likes 1 Share

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by SeverusSnape(m): 9:23am On May 22, 2016
But which kind lie be this na... 30 trillion... That's our budget for like six years. grin zombies will take it hook, line and sinker.

They should lie with sense next time. Liars.
www.nairaland.com/attachments/3744623_b38d890c00eec62e7b00db6e0b9a23e6_jpeg2fffca39bc2d2d39daae58ecdf8bf400

41 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by PRYCE(m): 9:27am On May 22, 2016
Haha... This Buhari government sabi pronounce "Trillions" ehh cheesy

Who even takes our courts seriously? Atleast, the yansh head of the FG doesn't!

Tompolo followed suit, NLC too!

Ain't this some sweet fallout? grin

#ChangeTheChange

34 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by SonOfEl(m): 9:27am On May 22, 2016
mtchewwwwwwww.......stale useless and defeated news

9 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by SeverusSnape(m): 9:29am On May 22, 2016
PRYCE:
Haha... This Buhari government sabi pronounce "Trillions" ehh cheesy

Who even takes our courts seriously? Atleast, the yansh head of the FG doesn't!

Tompolo followed suit, NLC too!

Ain't this some sweet fallout? grin

#ChangeTheChange
Exactly!.... Since the dullardeen can't obey court orders, Let others follow suit.

Useless government of propaganda, Just to please their zombie followers.

29 Likes 1 Share

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by freeze001(f): 9:35am On May 22, 2016
I expect the judgment is against the office of the minister and in that case, the current occupant must comply with the judgment of the court and produce the information sought. The records of expenditure for the time in question are within the possession of the Minister.

We'll see whether this government, notorious for its refusal to obey court judgements will comply or ignore it.

But the figures shaaaaa!!! lipsrsealed shocked
Could the ministry of finance have overseen, handled or disbursed such a sum within a five year time span?

27 Likes 1 Share

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by BankeSmalls(f): 9:39am On May 22, 2016
Have you blamed PDP today?

3 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by SeverusSnape(m): 9:47am On May 22, 2016

11 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by BushidoBlue(m): 10:12am On May 22, 2016
Trillions abi??

Hah ah hahahahah

Zombies are gonners.

15 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by csamii: 11:25am On May 22, 2016
Which kind lie be this one na?

2 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by EreluY(f): 12:16pm On May 22, 2016
In spite of her international profiling, and seemingly humble and low profile in appearance, I never once trusted this woman. Now my doubts about the degree to which her hands are clean have been confirmed by this court ruling. Nigeria either kills corruption or corruption kills Nigeria.

10 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by SonOfEl(m): 12:51pm On May 22, 2016
EreluY:
In spite of her international profiling, and seemingly humble and low profile in appearance, I never once trusted this woman. Now my doubts about the degree to which her hands are clean have been confirmed by this court ruling. Nigeria either kills corruption or corruption kills Nigeria.

She does not need APC nor your trust to gain international respect and approval.

39 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by TrueHeart365(m): 1:15pm On May 22, 2016
na wa o... this administration of propaganda no dey tire?

30 trillion? next we will hear 50 trillion was hidden in her bra..

mr president, fight curruption by putting policies in place that will prevent the stealing. not by media brouhaha and propaganda.

you are enjoying the policy of the previous admin(TSA) while you are yet to come up with one.

nonsnse dullard

25 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by EreluY(f): 1:22pm On May 22, 2016
SonOfEl:


She does not need APC nor your trust to gain international respect and approval.

No she doesn't and I haven't said so. My claim is very straightforward. However, with the sort of enviable international profile she's got, one would expect her to walk away from anything that would soil her hard earned, good name in the league of nations - that's the point I'm making. This would have prevented her name from being dragged through the mud as is currently the case with this court ruling.

10 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by SonOfEl(m): 1:36pm On May 22, 2016
EreluY:


No she doesn't and I haven't said so. My claim is very straightforward. However, with the sort of enviable international profile she's got, one would expect her to walk away from anything that would soil her hard earned, good name in the league of nations - that's the point I'm making. This would have prevented her name from being dragged through the mud as is currently the case with this court ruling.

Every now and then, she mauls every accusation leveled against her. If you were in her shoes, you would walk away right? Am not in any way surprised. Anyway, she is a fighter, an intelligent fighter. those she mauled (sanusi, oshomole, soludo, etc) are still licking their wounds.

29 Likes 2 Shares

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by EreluY(f): 1:54pm On May 22, 2016
SonOfEl:


Every now and then, she mauls every accusation leveled against her. If you were in her shoes, you would walk away right? Am not in any way surprised. Anyway, she is a fighter, an intelligent fighter. those she mauled (sanusi, oshomole, soludo, etc) are still licking their wounds.

I walked away from that hell hole some 20 years ago, and I'm glad I did - never ever to live, as caged mammals, in that zoo called Nigeria. I hope you're not one of the laptop crew? Just asking!

6 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by zlatan10(m): 1:57pm On May 22, 2016
.
Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by Nobody: 2:00pm On May 22, 2016
debris:
Awaiting Amaechi nd co
Amaechi is a product of Grace...

2 Likes

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by veekid(m): 3:08pm On May 22, 2016
at all at all, essay don full fr buhari, come may 29
Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by Ellyogun(f): 3:08pm On May 22, 2016
Finally ooo, it's about to go down
Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by goodlifehyd1: 3:09pm On May 22, 2016
grin

6 Likes 1 Share

Re: Court Orders Okonjo-Iweala To Account For Missing N30tn by googlepikins: 3:10pm On May 22, 2016
And when is thiefnubuu , Amaechi , obasanjo and Atiku going to return their own trillions?

3 Likes

(1) (2) (3) (4) (Reply)

Does The Police Have Any Constitutional Right To Go Through A Citizen`s Phone? / Allen Nwachukwu Is Dead / IBB Inaugurates N610M Presidential Villa In Sokoto

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 43
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.