Ecological fund: Enugu community seeks to join ex-official in N429m costume
A community in Enugu State has filed a motion on notice seeking to join a former permanent secretary of the Abuja Ecological Funds Office as a defendant in an ongoing action in the Federal High Court in Enugu regarding the alleged misappropriation of ecological funds worth N429 million.
The community, Oma-Eke in the Udi local government area of the state, has accused the former Permanent Secretary of the Abuja Ecological Funds Office, Habiba Lawal, of allowing the misappropriation of funds intended for the construction of a 3.8 kilometer road in the region.
The lawsuit was brought by the community, while six natives filed the notice petition on behalf of the community.
The six candidates are Christopher Onwumelu, Samuel Ifoh, Iruka Ejiofor, Festus Metta, Uwaechie Metta and Harold Ofordu.
The defendants in the lawsuit are a contracting company, Flab Engineering Services Limited (1st defendant), Eco Project Services Limited (2nd defendant) and the current Permanent Secretary of the Office of Ecological Funds (3rd defendant).
The attorney general of the federation is the 4th defendant.
The former permanent secretary of the Abuja Office of Ecological Funds, Ms. Lawal, would become the 5th defendant in the lawsuit if the court grants the plaintiffs' motion.
The disputed road project was approved and awarded by the Tenders Commission of the Office of Ecological Funds under the administration of President Muhammadu Buhari, according to a court document viewed by PREMIUM TIMES.
It was awarded to control the threat of erosion in the community, but was reportedly diverted to other locations not mentioned in the contract award letter.
The six plaintiffs in Case No.: FHC/EN/CS/59/2021, filed by their attorney, Godwin Onwusi, requested the court, through the motion, to allow Ms Lawal to be joined as a defendant in the case because, according to the counter-attestations filed by the consultant and the contractor, it would have authorized the diversion.
In an affidavit in support of the claim, Mr. Ejiofor, the third claimant in the case, argued that the act of misappropriating a duly awarded project was contrary to the public contracts, adding that a public official was personally responsible for any illegal or criminal act committed in the performance of his duties.
“It is necessary to reach the wanted party in the interests of a fair trial and to give them the opportunity to tell their own side of the story. not personally bound by the outcome of this lawsuit,” Mr. Ejiofor said.
In his 16-paragraph affidavit in support of the motion for notification filed on July 4 in the Federal High Court in Enugu, Mr. Ejiofor stressed that "it is in the interests of justice to do right to the requested request".
The claimants argued that under Order 9, Rule 5 of the Federal High Court Rules, 2019, "this court has power to join, as a defendant, any person against for which the right to reparation is alleged, whether jointly, severally or alternatively, the defendants may be declared liable according to their respective responsibilities, without any modification.”
READ ALSO: African leaders reaffirm their commitment to integration, development and cooperationThey also alleged in paragraphs six and seven of the affidavit that Ms. Lawal authorized the diversion and non-execution of the project, contrary to what was contained in the contract award letter and contractual agreement .
A community in Enugu State has filed a motion on notice seeking to join a former permanent secretary of the Abuja Ecological Funds Office as a defendant in an ongoing action in the Federal High Court in Enugu regarding the alleged misappropriation of ecological funds worth N429 million.
The community, Oma-Eke in the Udi local government area of the state, has accused the former Permanent Secretary of the Abuja Ecological Funds Office, Habiba Lawal, of allowing the misappropriation of funds intended for the construction of a 3.8 kilometer road in the region.
The lawsuit was brought by the community, while six natives filed the notice petition on behalf of the community.
The six candidates are Christopher Onwumelu, Samuel Ifoh, Iruka Ejiofor, Festus Metta, Uwaechie Metta and Harold Ofordu.
The defendants in the lawsuit are a contracting company, Flab Engineering Services Limited (1st defendant), Eco Project Services Limited (2nd defendant) and the current Permanent Secretary of the Office of Ecological Funds (3rd defendant).
The attorney general of the federation is the 4th defendant.
The former permanent secretary of the Abuja Office of Ecological Funds, Ms. Lawal, would become the 5th defendant in the lawsuit if the court grants the plaintiffs' motion.
The disputed road project was approved and awarded by the Tenders Commission of the Office of Ecological Funds under the administration of President Muhammadu Buhari, according to a court document viewed by PREMIUM TIMES.
It was awarded to control the threat of erosion in the community, but was reportedly diverted to other locations not mentioned in the contract award letter.
The six plaintiffs in Case No.: FHC/EN/CS/59/2021, filed by their attorney, Godwin Onwusi, requested the court, through the motion, to allow Ms Lawal to be joined as a defendant in the case because, according to the counter-attestations filed by the consultant and the contractor, it would have authorized the diversion.
In an affidavit in support of the claim, Mr. Ejiofor, the third claimant in the case, argued that the act of misappropriating a duly awarded project was contrary to the public contracts, adding that a public official was personally responsible for any illegal or criminal act committed in the performance of his duties.
“It is necessary to reach the wanted party in the interests of a fair trial and to give them the opportunity to tell their own side of the story. not personally bound by the outcome of this lawsuit,” Mr. Ejiofor said.
In his 16-paragraph affidavit in support of the motion for notification filed on July 4 in the Federal High Court in Enugu, Mr. Ejiofor stressed that "it is in the interests of justice to do right to the requested request".
The claimants argued that under Order 9, Rule 5 of the Federal High Court Rules, 2019, "this court has power to join, as a defendant, any person against for which the right to reparation is alleged, whether jointly, severally or alternatively, the defendants may be declared liable according to their respective responsibilities, without any modification.”
READ ALSO: African leaders reaffirm their commitment to integration, development and cooperationThey also alleged in paragraphs six and seven of the affidavit that Ms. Lawal authorized the diversion and non-execution of the project, contrary to what was contained in the contract award letter and contractual agreement .
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