Lawyers Seek Court’s Nullification Of NDDC Mgt C’ttee, Governors’ Advisory Council

For allegedly contravening the NDDC Establishment Act, two Abuja based lawyers have approached a Federal High Court in Abuja seeking an order for the nullification of the Interim Management Committee, IMC of the Niger Delta Development Commission, NDDC as well as the Advisory Committee of the commission recently inaugurated by President Muhammadu Buhari.

The plaintiffs, Akharame Lucky, Edward Brisibe and two others, also prayed the court to declare that by virtue of section12 (2) of the NDDC establishment act No 6 as amended, the Advisory Committee of the NDDC can only advice a validly constituted board of the commission and not a management committee.

The governors who represent the nine oil producing states in the committee are: Mr. Udo Emmanuel (Akwa Ibom); Dr. Ifeanyi Okowa (Delta), Mr. Nyesom Wike (Rivers); Senator Duoye Diri (Bayelsa), and Mr. Godwin Obaseki (Edo).

Others are: Prof. Benedict Ayade (Cross River); Mr. Rotimi Akeredolu Akeredou (Ondo); Mr. Okezie Ikpeazu (Abia) and Senator Hope Uzodinma (Imo).

The case which was filed on Friday with suit number: FHC/ABJ/CS/361/2020, has Attorney General of the Federation, Abubakar Malami, Minister of Niger Delta Affairs, Senator Godswill Akpabio, NDDC, Prof. Kemebradikumo Pondei, Dr, Cairo Ojougboh, Chief Ibang Etang, Mrs. Caroline Nagbo and Cecilia Akintomide as 1^st, 2^nd, 3^rd, 4^th, 5^th, 6^th, 7^th, and 8^th defendants respectively.

The lawyers in their originating summon, are asking the court to determine whether the President of Nigeria and the 2^nd defendant are authorized under the NDDC act of 2000 or any laws in Nigeria to appoint an Interim Management Committee or appoint the 4^th-8^th defendants as interim managing director, executive directors and members of the 3^rd defendant.

“Whether the purported appointment of the 4^th-8^thdefendants by the President and 2^nddefendant is contrary to the provisions of section 12 of the NDDC act of 2000 and therefore unlawful, ultra vires, null and void.

“Whether the President of Nigeria is authorized under any laws of Nigeria and particularly the NDDC act of 2000 to inaugurate an advisory board for an interim committee of the NDDC not legally composed as provided by law.”

In a statement, the lawyers stated that they are from the Niger Delta region adding that despite the approval of a governing board for the commission by the senate, President Buhari unconstitutionally suspended the inauguration of the board, and retained the services of a management committee to oversee the activities of the commission.

Meanwhile, human rights lawyer, Inibehe Effiong in Suit No FHC/ABJ/CS/349/2020, has also approached another Federal High Court in Abuja seeking an order of perpetual injunction restraining the NDDC Interim Management Committee to manage and supervise the affairs of the agency from exercising the powers exclusively vested in the governing board of the commission, including entering into contract and expenditure of funds of the commission, under the NDDC establishment act 2000.

In the suit filed on March 11, the lawyer is also seeking an order setting aside the 2019 and 2020 budget estimates of the NDDC submitted by President Buhari to the national assembly “same having been submitted in contravention of section 18 (1) of the Niger Delta Development Commission establishment act 2000.”