A citizen and tax payer in Bauchi Alhaji Nasiru Ibrahim Darazo has filed a suit before Bauchi State High Court number Four Presided over by the State Acting Chief Judge Justice Hamidu N Kunaza against the State Governor Mohammed Abdullahi Abubakar for allegedly collecting N4bn loan from the United Bank for Africa UBA without following due process.
The Counsel to the Tax Payer Barrister Sadiq U Sarki filed the suit, with suit number BA/258/15 yesterday as he seeks for the determination whether the Governor has the Power within the provisions of section 128 and 129 of the 1999 constitution as amended to source for collect and utilized the N4bn on behalf of the state government without the approval of the state House of Assembly.
Sadiq asked the court to determine if the Governor has the right to source and utilize the loan on behalf of the 7th assembly after their valedictory session when their tenure expired and when the tenure of 8th Assembly did not commence and the elected members are not yet sworn in.
He said if the above issues are resolved in the negative then the Plaintiff shall seek a declaration that the Governor has no power to collect and utilize the loan without the approval of the State Assembly and he has no power to collect the loan on behalf the Government with the approval of the 7th Assembly after their valedictory session, when their tenure expired and when the tenure of the 8th Assembly did not commence and members are not yet sworn in.
Sadiq asked the court to declare that the 4bn loan collected by the Governor on behalf of the State Government is without due process of law and therefore null and void, and order to refund the sum of 4bn collected .
He asked the court to restrain the Governor from further collecting any loan without due process of law.
In the affidavit sworn in by the Plaintiff Darazo said as an indigene of the State who has been regular and prompt in discharging his obligations of paying tax to the State Government, he has the right to know how finances and funds of the State Government is being managed by the Governor.
Darazo said He was disturbed and restless with the series of financial mismanagement allegations of the funds and finances of the State Government in addition to the allegations of infractions of the law towards collections of the loans and its administration.
He said it is no longer news that the Governor collected N4bn loan on behalf of the State Government after his swearing in without the approval of the State Executive Council and the State House of Assembly since the news of collection of this N4bn loan is within the public domain as it is awash in the Newspapers across Nigeria and the newspapers are on the internet.
Darazo said when the Governor was asked to provide evidence of the of approval of the State Executive Council and the Bauchi state House of Assembly, the defendant made verbal general denial without any supporting document to back his assertions and claims. And said 7th Assembly granted the approval to the Governor, but speaking on behalf of the members of the 7th assembly, a lawmaker Abdulmumini Hassan Ningi denied the assertion of the 3rd defendant. Ningi said the 7th assembly had its valedictory session almost a week before the inauguration of the Governor as such ceases to exist immediately after the valedictory session and cannot function as a law making body of the state Government not capable of giving any approval and threatened court action against the 3rd defendant if he did not come out through the same medium to retract the assertion he made to the effect of the 7th assembly.
The Presiding Judge Konaza is expected to fix the date for mentioning.