Group Sues Delta Gov, Speaker, Others, Seeks Nullification Of Ejele’s Appointment As DESOPADEC Board Chairman

A non-governmental organisation, Centre
for Human Rights and Anti-Corruption Crusade (CHURAC) have filed a lawsuit against Governor of Delta State, Dr Ifeanyi Okowa, Speaker of Delta State House of Assembly, Rt. Hon Sheriff Oborevwori and others over the  appointment of Hon. Michael Diden (aka Ejele) as Chairman of the Board of Delta State Oil Producing Areas Development Commission, DESOPADEC.

BIGPEN Online understands that the lawsuit filed by CHURAC and its registered trustees who are the claimants sought the nullification of Governor Ifeanyi Okowa’s appointment of Ejele as Chairman of the oil commission.

The suit which was filed against the Governor of Delta State and the Attorney General of Delta State, Speaker, Delta State House of Assembly, and Hon. Michael Diden as 1, 2, 3, 4 defendants has Suit No. W /154/2019.

Among other reliefs, the human rights body is seeking a declaration nullifying the appointment of Hon. Michael Diden as Chairman of the Board of DESOPADEC.

In the originating summons, deposed to by J. P. Oromoni, Esq. of T. O. IFETA & CO. on behest of the Claimant/Applicant, they are asking the court for determination of the following reliefs:

“Whether by virtue of the community reading of the provisions of Section 7(1) a, b & c and (2) a & b of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) the 1st Defendant can validly appoint the 4th Defendant as Chairman from Itsekiri Ethnic Nationality into the governing board of the Delta State Oil Producing Areas Development Commission having earlier appointed one Godwin Ebosa as Chairman in the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC) from the same Itsekiri ethnic nationality in 2015.

“Whether by the community reading of the provisions of Section 15 (1), (2) a & b and (3) of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) the 1st Defendant can nominate any person for appointment into the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC) whose ethnic nationality produces the immediate past member of that Board.

“Whether by the community reading of Sections 2 and 7(1) a, b & c and (2) of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) the 4th Defendant is qualified to be appointed as Chairman in the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC) whose ethnic nationality has produced the last chairman of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC).

“Whether by the community reading of Sections 2, 7(1) a, b & c and (2) and 15(1), (2) a & b and (3) of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) an ethnic nationality who has produced or is producing either the Chairman, the Managing Director or the Executive Directors can succeed itself without following the rotational circle as provided in the Law.

Whereof The Claimant Claims Against The Respondents Are As Follows:

“A DECLARATION that by virtue of the provisions of Section 7(1) a, b & c and (2)a & b of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) the 1st Defendant who has earlier appointed one Godwin Ebosa representing the Itsekiri Ethnic Nationality as Chairman in the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC) cannot validly appoint the 4th Defendant who is also from the Itsekiri Ethnic Nationality as Chairman in the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC).

“A DECLARATION that by virtue of the provisions of Section 15(1), (2) a & b and (3) of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) the 1st Defendant cannot nominate for appointment any person as a member of the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC) whose ethnic nationality produced the immediate past Board Member of the same office.

“A DECLARATION that by virtue of Sections 2 and 7(1) a, b & c and (2) of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) the 4th Defendant is not qualified to be appointed as Chairman in the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC) whose ethnic nationality has produced the immediate past Chairman of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC).

“A DECLARATION that by virtue of Sections 2, 7(1) a, b & c and (2) and Section 15(1), (2) a & b and (3) of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) no Ethnic Nationality who has produced or is producing either the Chairman, the Managing Director or the Executive Directors can succeed itself without following the rotational circle as provided in the Law.

“AN ORDER OF COURT compelling the 1st Defendant to withdraw the appointment of the 4th Defendant forthwith who is not qualified to hold office as Chairman of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC) whose ethnic nationality has produced the immediate past Chairman of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC).

“AN ORDER OF COURT nullifying the purported confirmation of the 4th Defendant by the 3rd Defendant as chairman in the Governing Board of Delta State Oil Producing Areas Development Commission Law (DESOPADEC).

“AN ORDER OF PERPERTUAL INJUNCTION restraining the 4rd Defendant from acting in the capacity of the Chairman of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC) or whatsoever subject to the provisions of the Law relating to the rotational circle as provided in the Law.

“AN ORDER OF COURT compelling the 1st Defendant to comply with the provisions of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) in constituting the new Governing Board Members of the Delta State Oil Producing Areas Development Commission (DESOPADEC).

The claimant argued that Governor Okowa had on 18th day of July 2019, forwarded the name of the 1st Defendant to the 3rd Defendant for confirmation as members of the governing board of the Delta State Oil Producing Areas Development Commission (DESOPADEC):

The governor had said the appointment of the new governing board of DESOPADEC was in pursuance of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019). The 3rd Defendant (Oborevwori) in receipt of the name duly acted within its legislative power and confirmed the said appointment on the 23rd day of July 2019.

They also argued that the 1st Defendant in the exercise of his statutory power vested on him by the Delta State Oil Producing Areas Development Commission Law, 2015 appointed the following persons into the governing board of the Delta State Oil Producing Areas Development Commission (DESOPADEC) on the 26th day of August 2015 also appointed, Mr. Godwin Ebosa, Chairman, Chief Williams Makinde, Managing Director, Chief Askia Ogieh, Executive Director among others.

“That the immediate past chairman of the Delta State Oil Producing Areas Development Commission (DESOPADEC) Governing Board, Mr. Godwin Ebosa who was appointed by the 1st Defendant in 2015 is from Itsekiri Ethnic nationality from Warri North Local Government Area of Delta State.

“That the new chairman nominee/appointee who is the 4th Defendant in this matter is also from the same Itsekiri Ethnic nationality from the Warri North Local Government Area of Delta State.

They therefore argued that the purported appointment of the 4th Defendant as chairman of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC) is not in line with the provision of the Delta State Oil Production Areas Development Commission (DESOPADEC) Law, 2015 (as amended in 2019).

“That it will be in the interest of justice for this court to make an order compelling the 1st, 2nd and 3rd Defendants from validating the purported appointment of the 4th Defendant as Chairman of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC).

“That the grant of this originating summons will not prejudice the Defendants”.

In the Motion On Notice in support of the application, the claimant stated that the 1st Defendant who has earlier appointed one Godwin Ebosa representing the Itsekiri Ethnic Nationality as Chairman in the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC) cannot validly appoint the 4th Defendant as Chairman in the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC) who is also from the Itsekiri Ethnic Nationality.

Consequently, they pray the court for a declaration that by virtue of the provisions of Section 15(1), (2) a & b and (3) of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) the 1st Defendant cannot nominate for appointment any person as a member of the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC) whose ethnic nationality produced the immediate past Board Member of the same office.

The claimant also sought a declaration that by virtue of Sections 2 and 7(1) a, b & c and (2) of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) the 4th Defendant is not qualified to be appointed as Chairman in the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC) whose ethnic nationality has produced the immediate past Chairman of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC).

“A declaration that by virtue of Sections 2, 7(1) a, b & c and (2) and Section 15(1), (2) a & b and (3) of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) no Ethnic Nationality that has produced or is producing either the Chairman, the Managing Director or the Executive Directors cannot succeed itself without following the rotational circle as provided in the Law.

Meanwhile, the claimant has ask the court to grant an “ORDER Of INTERLOCUTORY INJUNCTION restraining the 4rd Defendant from acting in the capacity of the Chairman of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC) or whatsoever subject to the provisions of the Law relating to the rotational circle as provided in the Law pending the determination of the substantive suit.

“AN ORDER OF COURT compelling the 1st Defendant to withdraw the appointment of the 4th Defendant forthwith who is not qualified to hold office as Chairman of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC) whose ethnic nationality has produced the immediate past Chairman of the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC) pending the determination of the substantive suit..

“AN ORDER OF COURT compelling the 1st Defendant to comply with the provisions of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) in constituting the new Governing Board Members of the Delta State Oil Producing Areas Development Commission (DESOPADEC) pending the determination of the substantive suit”.

In an affidavit in support of Motion On Notice deposed to by Stella Ebie, on behest of the claimant, the rights group argued that the 1st Defendant forwarded the names of the said appointees referred to in Paragraph 11 of this Affidavit to the Delta State House of Assembly for confirmation and were accordingly confirmed in exercise of its legislative powers on the 26th day of August, 2015.

“That a notice of the said confirmation was published in the Vanguard newspaper of 27th August, 2015 edition at page 12. A Certified True Copy of the said Vanguard Newspaper publication is hereby attached and referred to as EXHIBIT CH 2.

“That the immediate past chairman of the Delta State Oil Producing Areas Developing Commission (DESOPADEC) Governing Board, Mr. Godwin Ebosa who was appointed by the 1st Defendant in 2015 is from Itsekiri Ethnic nationality from Warri North Local Government Area of Delta State.

“That the new chairman nominee who is the 3rd Defendant in this matter is also from the same Itsekiri Ethnic nationality from the Warri North Local Government Area of Delta State.

They, therefore maintained that the purported appointment of the 4th Defendant as chairman in the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC) is not in line with the provision of the Delta State Oil Production Areas Development Commission (DESOPADEC) Law, 2015 (as amended in 2019).

“That it will be in the interest of justice for this court to make an order restraining the 1st, 2nd and 3rd Defendants from validating the purported appointment of the 4th Defendant as Chairman in the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC) pending the determination of the substantive suit.

The defendants have within thirty (30) days after service of the summons on them, inclusive of the day of such service to cause an appearance to be entered for them and file any other process in response to the  summons which is issued upon the application of the Originating Summons, failure to which, such orders will be made and proceeding may be taken as the Judge may think just and expedient.

The matter is slated for hearing at the High Court of Delta State sitting in Warri on the 19th of August, 2019.

In a related development, alleged fraud running into billions of naira perpetuated by the immediate past board of the Delta State Oil Producing Areas Development Commission, DESOPADEC, have been shrouded in secrecy, BIGPEN Online can report.

Sources from the state disclosed that the issue of alleged mismanagement of funds in DESOPADEC which have been within the corridors of power in the State for weeks have been the basis for the governor’s recent speeches over prudence and accountability by political office holders in the state.

But a top official of government told one of our correspondent that Governor Okowa would never allow recklessness or administrative rascality in any government agency or parastatal, maintaining that it was not possible that the Governor is aware of any alleged misappropriation of funds in the oil commission and swept it under the carpet.