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Godwin Tsa Abuja
A coalition of civil society organizations have filed suit before the Abuja division of the Federal High Court to sack the interim management committee of the Niger Delta Development Commission b(NDDC), constituted by the Minister of Niger Delta Affairs, Senator Godswill Akpabio.
In an originating summons marked FHC/ABJ/CS/158/2019, the coalition is further pressing for an order compelling the members to refund to the Commission’s coffers, all salaries and emoluments they received while illegally occupying office.
The plaintiffs are specifically challenging the legality of the interim Committee with regards to the express provisions and tenor of section (2)(2)(a) of the NDCC establishment Act.
Those named as defendants in the suit dated December 12, 2019 and filed by Okere Kingdom are President Muhammadu Buhari, Attorney General of the Federation (AGF), Abubakar Malami (SAN), Minister of Niger Delta Affairs, Senator Godswill Akpabio, Niger Delta Development Commission, Interim Management Board of NDCC and Senate of the Federal Republic of Nigeria.
The ten civil society groups are seeking an order mandating and directing the chairman and members of the Board of the NDCC duly appointed by the president and approved by the Senate namely, Dr. Pius Odubu (Chairman); Bernard Okumagba (Delta) Managing Director; Otobong Ndem (Akwa- Ibom)-Executive Director, projects; Maxwell Oko (Bayelsa)- Executive Director, Finance and Administration; Jones Erue (Delta); Victor Ekhator (Edo); Nwogu N Nwogu (Abia) and Theodore Allison (Bayelsa); Victor Antai (Akwa-Ibom); Maurice Effiwat (Cross River); Olugbenga Edema (Ondo); Uchegbu Kyrian (Imo); Aisha Muhammed (North West); Shuaibu Zubairu (North East) and Abdullahu Bage(North Central), to immediately resume as Chairman and members of the NDCC Board and to immediately report to their various offices without and further delay.
In the originating summons, the plaintiffs asked the court to determine the following issues;
*Whether having regard to the express provisions, spirit and tenor of section 2(2)(a) of the NDCC establishment Act, the Minister of Niger Delta Affairs, Godswill Akpabio (who is the 3rd and 4th defendants in this suit) has the express statutory or in any way possess any powers to appoint a three man Interim Management Committee for the Niger Delta Development Commission (NDCC).
*Whether having regard to the fact that President of the Federal Republic of Nigeria has duly exercised his statutory powers to appoint the Chairman and members of the Board of the NDCC and same appointment having been confirmed by the Senate, the purported appointment of an Interim Committee by Hon. Minister of Niger Delta Affairs, Godswill Akpabio is ab initio illegal, null and void and of no effect whatsoever.
Also filed with the originating summons are two separate motions seeking Interim and interlocutory injunctions restraining the interim management of the committee of the NDCC, constituted illegally by the Hon Minister of Niger Delta Affairs, Godswill Akpabio from performing the statutory functions of the management Board dully appointed by the president and confirmed by the Senate of the Federal Republic of Nigeria, pending the final determination of the suit.
The plaintiffs are Incorporated Trustees of Centre for strategy, Ethics and Value, Incorporated Trustees of Niger Delta Youth Advocacy for Development, Incorporated Trustees of Leadership and Society Aid Initiative, Incorporated Trustees of Kingdom Human Rights International among others.
