Threatens legal action

A human rights lawyer, Myson Nejo, has urged Ondo State government to, as a matter of urgency, remit the statutory 40 per cent allocation of the 13 per cent oil derivation to the state’s Oil Producing Areas Development Commission (OSOPADEC).

In a letter addressed to the Acting Governor, Lucky Aiyedatiwa, the legal practitioner, who gave the state government a 14-day ultimatum to do the needful, said the alleged move to divert the funds had been stalling development in the mandate communities impacted by oil exploration activities.

Nejo, while vowing to take legal action over the development, said: “The 1999 Constitution of the Federal Republic of Nigeria (as amended) in Section 162 (2) designated the funds as compensation for loss of fishing rights and productive farmlands resulting from oil and gas exploration and production activities.

“OSOPADEC has been unjustly deprived of its rightful entitlement by Ondo State Government. This denial has significantly hindered OSOPADEC’s capacity to address the deplorable living conditions of people in Ilaje and Ese-Odo local councils.” that face severe environmental hazards from oil exploration, socio-economic inequalities, limited access to healthcare and education, inadequate infrastructure, high unemployment rates, and recurrent flooding.

“On July 22, 2023, Ondo State received a substantial allocation of N2,968,156,301.71 from the Federation Account Allocation Committee (FAAC) as its share of the 13 per cent derivation funds.

“As per the law, 40 per cent of the sum, amounting to N1,187,262,520.68, rightfully belongs to OSOPADEC. We hereby demand, unequivocally and in accordance with Section 162 of the Constitution and the OSOPADEC law, that the Ondo State Government immediately remit the full 40 per cent allocation to OSOPADEC’s designated account within 14 days of receipt of this letter.

“Failure to comply with this lawful obligation will leave us no recourse but to seek judicial intervention. Consequently, if this demand is not met, we shall initiate legal proceedings against the Ondo State Government to compel the immediate payment of N1,187,262,520.68 to OSOPADEC.

“We will also seek a court order restraining the state government from diverting or tampering with the 40 per cent of the 13 per cent derivation funds accruable to Ondo State in strict accordance with the provisions of the Ondo State Oil Producing Areas Development Commission Law, Cap 106, Laws of Ondo State.

“A court order will also be sought to restrain the Federal Government from releasing the allocation belonging to Ondo State in the 13 per cent derivation unless the statutory provisions in respect of OSOPADEC are complied with.

“It is also important to state without mincing words that we will be claiming all outstanding sums to which OSOPADEC is statutorily entitled to since the commencement of the current administration that have not been refunded or disbursed to the Commission appropriately in line with the Constitution and the OSOPADEC law.

“We strongly believe that upholding the rule of law and adhering to the clear stipulations of the Constitution and the OSOPADEC law will promote equitable development and alleviate the sufferings of people in Ilaje and Ese-Odo local councils, who have long awaited the intervention they are entitled to through OSOPADEC.