From Godwin Tsa, Abuja
The indigenes of the oil-producing communities of Imo State have approached the Federal High Court for an order restraining and prohibiting President Bola Tinubu from swearing-in Dr Samuel Ogbuku, Mr Bona Iyaye, Mr Victor Antai and Ifedayo Abegunde or any other persons purported confirmed by the National Assembly as managing director and executive directors of the Niger Delta Development Commission (NDDC).
In an originating summons filed before the Abuja division of the court by Hon. Ajoku Philip, Chief Jones Omereoha and Incorporated Trustees of Kingdom Human Rights International Foundation, the communities are contending that the appointment of director and executive directors of the NDDC
offends the express provisions of section 12 (1) of the NDDC Act and is therefore illegal, unconstitutional, null, void and of no effect whatsoeverfor non-compliance with the provisions of the law.
Besides president Tinubu, others listed as defendants are the Attorney General of the Federation(AGF), the National Assembly and the Niger Delta Development Commission.
In addition, the plaintiffs through their counsel, Okere Kingdom Nnamdi are seeking an order of court compelling/mandating president to immediately withdraw the nomination of DrSamuel Ogbuku, Mr. Bona Iyaye, Mr Victor Antai and Ifedayo Abegunde as Managing Director and Executive Directors of the Niger Delta Development Commission respectively; and to immediately appoint/nominate indigenes of oil producing communities from Imo State, Cross Rivers State and Edo who have not previously held the positions managing directors and executive directors as mandated in section 12 (1) of the NDDC Act, and such other orders as the Court may deem fit to make in the circumstance of the case.
The originating summons marked FHC/ABJ/CS/1374/2023, was brought pursuant to section 6(6) (A) and (B) of the 1999 Constitution(as amended), sections 4 and 12 (1) of the NDDC establishment Act; and order 3 rule 6 of the Federal High Court (Civil Procedure) rules, 2019 and the inherent jurisdiction of the court.
They have posed the following questions for the determination of the court: ” whether having regard to the tenor, clear and unambiguous provisions of Sections 12 (1) NDCC establishment Act, the appointment and confirmation of a managing director, and executive directors for the Commission shall rotate among the nine members states of Abia State, Akwa-Ibom State, Bayelsa State, Cross-River State, Delta State, Edo State, Imo State, Ondo State and Rivers State in order of quantum of oil production.
“Whether having regard to the tenor, clear and unambiguous provisions of Sections 12 (1) of the NDDC establishment Act, the president’s recent appointment of one Dr. Samuel Ogbuku who is from Bayelsa State that had previously produced several Managing Directors and Executive Directors; Mr Bona Iyaye from Rivers State that had previously produced several Managing Directors and Executive Directors for the Commission; Mr Victor Antai from Akwa-Ibom state that has previously produced several Managing Directors and Executive Directors; Ifedayo Abegunde from Ondo State, and their confirmation by the National Assembly is illegal, unconstitutional, null, void and of no effect whatsoever for non-compliance with the provisions of the law.
Whether the 1st and 2nd plaintiffs and other citizens of Nigeria from oil producing communities of Imo State have been shortchanged, unjustly treated and discriminated against; and intentionally dined opportunity of becoming managing director, and executive directors for the Commission since the Commission was established, whereas other NDDC member states like Rivers, Akwa-ibom, Delta and Ondo States have produced persons who held the position of Managing Director, and Executive Directors for the Commission more than once, in breach of section 12 (1) of the NDDC establishment Act.
If the above questions are answered in their favour, the plaintiffs are asking for a declaration that having regard to the tenor, clear and unambiguous provisions of Sections 12 (1) of the NDDC establishment Act, the appointment and confirmation of a managing director, and executive directors for the Commission shall and must rotate among the nine members states of Abia State, Akwa-Ibom State, Bayelsa State, Cross River State, Delta State, Edo State, Imo State, Ondo State and Rivers State in order of quantum of oil production.
A declaration that having regard to the tenor, clear and unambiguous provisions of Sections 12 (1) of the NDDC establishment Act, the 1st Defendant’s recent appointment of one Dr Samuel Ogbuku who is from Bayelsa state that had previously produced several Managing Director and Executive Directors; Mr. Bona Iyaye from Rivers State that had previously produced several Managing Directors and Executive Directors for the Commission; Mr. Victor Antai from Akwa-Ibom state that has previously produced several Managing Directors and Executive Directors; Ifedayo Abegunde from Ondo State, and their confirmation by the National Assembly is illegal, unconstitutional, null, void and of no effect whatsoever for non-compliance with the provisionsof the law.
A declaration that the 1st and 2nd plaintiffs and other citizens of Nigeria from oil producing communities of Imo State have been shortchanged, unjustly treated and discriminated against; and intentionally fenied opportunity of becoming managing director, and executive Directors for the Commission since the Commission was established, whereas other NDDC member states like Rivers, Akwa-ibom, Delta and Ondo States have produced persons who held the position of Managing Director, and Executive Directors for the Commission more than once, in breach of section 12 (1) of the NDDC Act.
A declaration that qboth section 4 and section 12 (1) of the NDDC establishment Act are compulsory provisions in the appointment of Chairman, managing director and executive directors of the Commission.; And whereas section 4 mandates that appointment of Chairman shall rotate among the nine member states in alphabetical order, Section12 (1) mandates that the appointment of a Managing director, and executive directors shall rotate among be indigenes of oil producing areas in order of quantum of oil production.