The Akwa Ibom State House Of Assembly V. Obong (Engr.) Frank Okon (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Akwa Ibom State, sitting at Uyo presided over by Honourable Justice Joy I. Unwana, J, delivered on July 18, 2012 in which the indictment of the Respondent by the Appellant in the report of the Ad-Hoc Committee that investigated the Ibom Science Park was declared null and void and of no legal consequence whatsoever.

?The facts leading up to this appeal as discernable from the Record of Appeal are as follows:

?The Respondent was sometime between 2003 and 2007, a Special Adviser on Technical Matters to the former Executive Governor of Akwa Ibom State, Obong Victor Attah, whose duties included advising on the Ibom Science Park Project, initiated by that administration.

The responsibility of the Respondent was mainly to certify actual work done and to generally advise on the technical aspects of the project. Relying on the provisions of the Section 128 (2)(b) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, on June 2, 2009, the Appellant set up an Ad – Hoc Committee to investigate the Ibom Science Park Project with

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stated terms of reference which included to investigate the disbursement and administration of budgeted funds for the Ibom Science Park Project which was alleged to have been abandoned and ascertain if there had been any mismanagement of funds; page 22 of the Record of Appeal.

At the end of the exercise, the Committee presented a Report in which they found that there been corrupt practice, inefficiency and waste in the administration of the funds appropriated for the project. The Committee made recommendations, which included the following:

5) That SBT JUL Africa, Mr. Frank Okon and Dr. Linus Asuquo are indicted for abuse of offices and for misappropriation and misapplication of funds amounting to N2, 100,000,000.00 being monies released but not applied for purpose of the development of the Science Park Project. Mr. Frank Okon and Dr. Linus Asuquo being the certifying authorities for work done before monies are released.

6) That this House do direct the State Executive Council to take steps to recover the said amount of N2,100,000,000.00 from SBT JUL, the Development Manager, Mr. Frank Okon and Dr. Linus Asuquo.

See: pages 48 and 49 of the

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Record of Appeal.

The Respondent consequently, by an Originating Summons filed on December 20, 2010, sought the determination of the following questions at the High Court of Justice, Uyo: