NDDC Writes Court’s Registrar To Clarify Claims Of Court Suspending Pondei, IMC

The Niger Delta Development Commission (NDDC), on Friday, says it has written to the Deputy Chief Registrar, Federal High Court, Abuja for a clarification on the said order of the court which media report says was a sack order.

Multiple media reports say the court in a order dated November 5, 2020. restrained the interim management committee of the Niger Delta Development Commission (NDDC), constituted by the Minister of Niger Delta Affairs, Senator Godswill Akpabio from functioning.

According to the report, the court also granted leave to the applicant, Incorporated Trustees of Forum for Accountability and Good Governance (FAGG), to apply for judicial review for an order of mandamus compelling the Independent Corrupt Practice and other Related Offences Commission (ICPC), to investigate the Minister of the Niger Delta, Chief Godswill Akpabio and members of the Board over allegations of N3 billion contract fraud.

BIGPENNGR.COM had reported based on one of the reports in Daily Sun that Justice Ahmed Mohammed in his ruling also granted leave to the applicant to apply for judicial review of the power of the President of the Federal Republic of Nigeria or the Minister of the Niger Delta to appoint Prof Pondei, Dr Ojougboh and others in an interim capacity as members of the NDDC Board.

“By this order of the Court, the members of the NDDC Board are restrained from performing the functions of the Board pending the hearing and determination of the motion on notice which is fixed for December 8”, the report said.

But NDDC in a statement released by its Director, Corporate Affairs, Mr Charles Odili on the 4th of December 2020, said it has become necessary to make some clarifications in the matter in the interest of Niger Delta stakeholders in the light of the misinformation concerning the order of an Abuja High Court on October 27, 2020.

The statement reads in parts; “We have received a Certified True Copy of the Enrolled Order of the Court made on October 27, 2020 on suit N0. FHC/ABJ/CS/617/2020 Incorporated Trustees of Forum for Accountability and Good Governance V. A.G Federal Ministry of Justice.

“We have studied the order of the court and confirm that there is absolutely no positive order restraining the Acting Managing Director of the Niger Delta Development Commission, NDDC, Professor Kemebradikumo Pondei or the Interim Management Committee, IMC from performing the functions of the Board of the NDDC. All the court did was to grant the applicant leave to apply for judicial review. For the avoidance of doubt, the court ordered as follows;

“Leave is hereby granted the applicant to apply for judicial review for an order of mandamus in terms of the reliefs set out in the statement in support of the application for leave which are…”

“What the court did in items i, ii and iii of the order was to reproduce the prayer of the applicants. Prayer 3 of the applicant’s motion reads thus: “An Order of this honourable court restraining the 3rd to 8th Defendants from performing the function of the Board of NDDC pending the hearing and determination of the motion on notice.”

“The above words do not and cannot constitute a Court Order, as such orders are unequivocal and positive. The applicants being fully aware that no such order was granted by the court are deliberately and mischievously misinterpreting the Order of Court to suite their selfish objective.

“We have, however, written to the Deputy Chief Registrar, Federal High Court, Abuja for clarification of the said order of court.

“In any event, the NDDC against whom the relief was sought is not a party to the suit and the Honourable Court will not fall into the trap of making an Order against a person who is not a party to the suit.

“This case exemplifies the distractions we have had to deal with in our efforts to reposition and refocus the NDDC as the foremost interventionist agency in the Niger Delta region.

“It however urged the general public to ignore this attempt at creating an unstable atmosphere and detracting from the gains recorded by the Interim Management Committee”.