All 11 Councillors in the Abak Legislative Council, in Akwa-Ibom State have issued an impeachment notice to Council Chairman, Barr. Imoh Williams.
In a statement directed to the “Executive Chairman Abak Local Government” and titled “IMPEACHMENT NOTICE”, the Abak Legislative Council is exercising its right in support of Section 28 (1) (a) – (g) of the Akwa Ibom State Local Government Administration Law 2017.
Barr. Imoh Williams has been accused of Gross misconduct and Abuse of office.
Read complete statement below –
“The Abak Local Government Legislative Council, in the exercise of the power conferred by Section 28 (1) (a) – (g) of the Akwa Ibom State Local Government Administration Law 2017, do hereby forward to you this notice indicating the commencement of impeachment process against you.
GROUNDS FOR IMPEACHMENT
The offence which has triggered this impeachment is categorized into two major sub- headings as follows;
• Gross misconduct
• Abuse of office
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PARTICULARS OF OFFENCE
1. That sometimes between the month of October and November 2018, The legislative Council of Abak Local Government had required of you to tender before the House the income and expenditure of the aforementioned month which created issues due to your inclusions of items which were not agreed at the FGPC meeting. Thus, you conspired with the head of service and abated the law and verbally told us that we lack the Locus Standi for requesting for such document. Sequel to this action you thereby contravene Section 32 (1) (2) (3) of the Local Government Administration Law of Akwa Ibom State and Section 392 Criminal Code “C 38” EFCC Act (2004) which tantamount to abuse of office.
2. Appointment of you brother, Mr. Emase Isaiah Williams as your Chief of Staff and placing him on a monthly salary of Two Hundred Thousand Naira (₦200,000.00) against the Provisions of the Financial Guidelines for Local Government Administration in Akwa Ibom State. Furthermore, it is on the record that the said Mr. Emase Isaiah Williams is the staff of National Orientation Agency, thereby fraudulently receiving salaries simultaneously from two Government Agencies – Abak Local Government Council and National Orientation Agency. Thus, this action leads to abuse of office.
3. That sometimes between the month of February and March 2018, you obtained a loan of Five Million Naira (₦5,000,000.00) from Akwa Savings and Loans Limited without following the due process of Section 68 (1) (2) (3) (4) of the Local Government Administration Law and without obtaining approval of the Legislative Council to purchase a Toyota Camry. Whereas, the vehicle was bought in your name as evidence in the vehicle particulars, the loan was repaid from monthly allocations of the Abak Government Council. Thus, these actions contravene Section 419 of the Criminal Code “C 38” EFCC Act (2004) and constitute to abuse of office.
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4. That you unilaterally awarded contracts to your family members, a typical example which is the award of contract for the clearing of grasses in Abak Local Government Area to your biological brother Mr. Nsikan Isaiah Williams who is presently a staff of Akwa Ibom State Secondary Education Board. This is a fragrant abuse of the Transparency and Public Procurement Code as stipulated in Section 19 ICPC Act (2000).
5. That you diverted the Internally Generated Revenue of Abak Local Government Area to your family members. On your instructions, Revenue Agents of the Local Government Area makes regular payments to members of your immediate family including; Mr. Emase Williams, Mr. Uwana Williams, Mrs. Nsikak Williams and Oto-obong Umanah. Thus, this action contravenes Section 9 (1) (a) (b) and Section 9 (2) (a) (b) of the ICPC Act (2000).
6. Monthly deduction of Two Million Naira (₦2,000,000.00) from Council Allocation for purported payment of allowances to non-existing aides from December 2018 till date. Thus, this action contravenes Section 73 of the Operational Guidelines for Chairmen of Local Government Council, Akwa Ibom State and the IFIU Guidelines of cash withdrawal by Local Government (2019).
7. Total disregard for the Legislative Arm of Government as manifested in your attitude towards the resolutions of the Council which has been of scorn and disdain. Thus, these abuse of office breach Section 28 (1) (a) – (g) of the Local Government Administration Law (2017).
8. Financial misappropriation and lack of fiscal discipline. A critical example is the construction of the Legislative Chamber. Whereas, the Deputy Governor made a donation of Five Million Naira (₦5,000,000.00), Rt. Hon. Friday Iwok donated the sum of One Million Naira (₦1,000,000.00) and Tilapia Resort donated One Hundred Bags of Cement (100) including Monthly Appropriation by the FGPC in respect of the construction, thus the level of work so far executed is not commensurate with the amount of money purportedly sunk into the project. These action leads to gross misconduct thereby violating the seventh schedule, Oath of Allegiance of the (1999) constitution of the Federal Republic of Nigeria.
9. Irregular payment / Illegal deduction from the Security Votes of Councilors. However, investigations have revealed that you conspired with the Director of Finance at various times and deduct various sums from Councilors Security Votes even when the FGPC had approved the payment of the full statutory amount. Thus, these tantamount to abuse of office and contravenes Section 385 “C 38” EFCC Act (2004).
10. Chronic Indebtedness to members of the public especially for services rendered to you in your private capacity. This shameful act has brought incalculable damage to the image of the Local Government and has become a regular topic on both the Newspaper and Social Media. E.g. Daily Post, Vol 12 No 23 of 1st July, 2020. Thus, these actions lead to gross misconduct contravening the Oath of Office of the Seventh Schedule of the (1999) Constitution of the Federal Republic of Nigeria.
11. Persistent refusal to tender before the Legislative Council minutes of monthly FGPC meeting of Abak Local Government as contemplated by Section 28 (1) (f) of the Local Government Administration Law (2017).
12. Purported payment of Ten Million Naira (₦10,000,000.00) as gratification to the House of Assembly Committee on Local Government and Chieftaincy Affairs to facilitate your reinstatement. And you constantly refer to this ugly episode as the reason for your poor performance. Thus, this contravenes Section 98 (1) (a) Criminal Code.
13. That you withdraw the sum of One Million Five Hundred Thousand Naira (₦1,500,000.00) for the printing of vehicle emblems which you later awarded contract of sales to your brother Mr. Nsikan Isaiah Williams. It is a fact that public procurement and open bidding procedure was neither adopted in the printing process nor contract awarded. It is also an undeniable fact that neither the ₦1,500,000.00 nor proceed from the sales of the emblem has been remitted into the account of the Local Government Council. Thus, this breach the Procurement Act (2019).
14. Fraudulently withdrawal of the sum of Five Hundred Thousand Naira (₦500,000.00) for the participation of your wife and other women in the Monthly Prayer Submit for Ikot Ekpene Senatorial women which contravene the Oath of Office of the Seventh Schedule of the (1999) Constitution of the Federal Republic Of Nigeria.
15. Non release of funds for the execution of Constituency projects as Captured in the Budget of Abak Local Government 2018, 2019 and 2020.
16. Direct and personal collection of Internally Generated Revenue from Revenue Agents instead of payment into Local Government Council Treasury. This disgraceful and shameful act breach Section 19 of the ICPC Act (2000).
17. Embezzlement/ misappropriation of the sum of Seven Million Naira (₦7,000,000.00) after your re-instatement by the House of Assembly. Available records showed that the Amount was earned marked for the payment of the Furniture Allowance to Political Office Holders by the Acting Chairman of the Local Government. This fiscal restlessness violates the Oath of Office of the Seventh Schedule of the (1999) Constitution of the Federal Republic of Nigeria.
18. Administrative high handedness characterized by unilateral decisions, lack of recourse to extant rules and regulations and power intoxication.
19. On or About the Month of April 2019, you had forwarded the sum of One Million One Hundred and Ninety Thousand Naira being the cost for the purchase of a Toyota Car for the Office of the Leader of Abak Legislative Council for approval and on after the purchase of the vehicle you presented a receipt of Two Million Four Hundred Thousand Naira (₦2,400,000.00), This criminal action violates the Procurement Act (2019).
20. That you have abused your Office and the Trust of the people of Abak Local Government Area by calculatingly creating an opening for yourself and your brothers to collect gratification from Revenue Agents in pretence for bidding for Revenue Units. Thus, this Act violates Section 17 (1) (a) (b) (c).
Against the backdrop of offence herein catalogued, you are requested to make your presentation with reference to laws supporting your response. Thus, such presentation if any should reach the Leader, Abak legislative Council not later than SEVEN CLEAR DAYS after the service of this notice of Impeachment as contemplated by Section 44 (1) (2) (3) (4) (5) (6).
This Impeachment letter is enclosed with the signatures of all the eleven (11) Councilors.