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A federal high court sitting in Abuja, has ordered the Indep-endent Corruption Practices and other related offences Commission (ICPC), to release the investigation report on the governor of Bayelsa State, Chief D. S. P. Alamie-yeseigha.
Justice Steven Jonah Adah who gave the ruling, said since the ICPC invest-igated the alleged corruption against the governor, the commission was duty bound to release the report of the investigations.
Bayelsa State Attorney General, Mr Talford Ongow, had filed a motion exparte before the court, praying for an order that ICPC has a statutory duty to assist the applicant on ways by which fraud or corruption may be eliminated or minimised by the applicant in the financial practices systems in the state.
He also sought for an order that “having conducted and concluded an elaborate investigation into the financial practices and general management of the finances of the government of Bayelsa State consequent upon a petition alleging corrupt practices written against the governor of the state”.
He stated that since the ICPC produced the report, it is duty bound to make the report available to the app-licant for the purpose of assisting the applicant (Bayelsa State), to review the financial practices of the government in order to take appropriate steps to eliminate or minimise fraud or corruption.
He also prayed for an order of mandamus compelling ICPC to make available to the applicant, a copy of the report written by the investigating team of the respondent led by one Mr. O. O. Kehinde and A. Abdulsalam.
Justice Adah in his brief ruling granted all the prayers sought and directed that a motion on notice be filed and served on the ICPC and adjourned the matter to December 16, 2004.
In an affidavit in support of the exparte motion, Anthony Ezonfade Okorodas, who is an indigene of Bay-elsa State, deposed to the following facts.
That in an affidavit deposed to by O. O. Kehinde of the Independent Corrupt Practices and Other Related Offences Commission on the 10th of January, 2003, it was revealed that from their findings financial regulations were not followed in the award of contracts. “The said affidavit of 0.. O. Kehinde is marked exhibit A and annexed hereto.
That throughout the investigative activities of O. O. Kehinde, A Abdulasalam and others from the Indep-endent Corrupt Practices and Other Related Offences Commission into the financial management of Bayelsa State among other things, the Bayelsa State Government deliberately assisted them in the areas of making available all relevant documents and officers for their interrogation, hoping to benefit from the outcome of their investigations.
That soon after the investigations that were carried out by the Independent Corrupt Practices and Other Related Offences Commission, the Bayelsa State Government commenced efforts to appraise and review it’s contract award procedures, financial practices, systems and procedures with a view to im-proving upon same and eliminating corruption and was-tage.
That believing that the Independent Corrupt Practices and Other Related Offences Commission is in a pos-ition to assist the State, the Bayelsa State Government on the 23rd of January, 2003, wrote a letter to the chairman of the commission requesting for the investigation report of O. O. Kehinde and A. Abdu-lsalam but there was no response.
That the Bayelsa State Government has not yet concluded the on-going .in-house appraisal because of the failure, neglect or refusal on the part of the Independent Corrupt Practices and Other Related Offences Commission to perform its statutory duty to assist the Bayelsa State Government by way of providing the aforesaid report of investigation. |
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