The Federal High Court in Abuja on Tuesday dismissed a suit seeking to quash the appointments of the current Managing Director and Executive Directors of the Niger Delta Development Commission (NDDC) by President Bola Tinubu.
Justice James Omotosho dismissed the suit filed by Hon. Ajoku Philip, Chief Jones Omereoha, and the Incorporated Trustees of Kingdom Human Rights International Foundation, who claimed to be acting on behalf of oil-producing communities in Imo State and a few states.
The applicants sued the President of Nigeria, the Attorney General of the Federation, the National Assembly, and the NDDC in a case marked FHC/ABJ/CS/1374/2023.
What Transpired at Previous Proceedings
The plaintiffs, through their lawyer Okere Kingdom Nnamdi, urged the court to compel President Tinubu to withdraw the nominations of Dr. Samuel Ogbuku, Mr. Boma Iyaye, Mr. Victor Antai, and Ifedayo Abegunde as Managing Director and Executive Directors of the NDDC.
They demanded that the President appoint indigenes of oil-producing communities from Imo, Cross River, and Edo States, who they alleged had not previously held these positions, as mandated by Section 12(1) of the NDDC Act.
The applicants argued that appointments to NDDC management positions over the years had allegedly favoured some oil-producing states over others, contravening relevant laws.
They also prayed for a declaration that Sections 4 and 12(1) of the NDDC Establishment Act were compulsory in the appointment of the Commission’s Chairman, Managing Director, and Executive Directors.
According to them, Section 4 mandates that the appointment of the Chairman rotate alphabetically among the nine member states, while Section 12(1) requires that the Managing Director and Executive Directors be indigenes of oil-producing areas based on the quantum of oil production.
Nnamdi urged the court to block what he termed as anomalies in the appointments perpetually.
However, the NDDC’s legal team opposed the application, arguing that the plaintiffs lacked the locus standi (legal right) to institute the action.
The NDDC maintained that Section 12(1) of the NDDC Act provides for “adequate representation,” and this had always been observed in the Commission’s appointments.
The Commission argued that only the governors of oil-producing states could make such complaints, as they are recognized representatives of their citizens.
The other defendants submitted that only state governors, through their Attorney Generals, are in a proper position to sue the NDDC over any alleged infractions.
What the Judge Said
- Delivering his judgment, Justice Omotosho held that the proper party to initiate the case was the Attorney General of the state, being the chief law officer empowered to sue on behalf of the state or appoint a private lawyer to do so.
“The plaintiffs have no right to litigate a matter of public interest where the Attorney General is available and not complaining,” the judge said, highlighting that the applicants lacked legal standing.
- Justice Omotosho further stated that the plaintiffs failed to prove their claims, adding that they ought to have shown the quantum of oil produced in each of the oil-producing states.
- The judge noted that the plaintiffs also did not provide evidence of the manner and status of appointments into NDDC management positions since the Commission’s inception to substantiate their claims.
“This is simply an assertion without proof. This court is handicapped in going to the merits of this case,” he said.
The judge held that the suit was consequently dismissed.
What You Should Know
In 2023, President Bola Ahmed Tinubu appointed a new Board and Management for the NDDC.
The announcement was made on Tuesday, August 29, 2023, via a statement signed by the President’s Media and Publicity Adviser, Ajuri Ngelale.
The statement read:
“President Tinubu has approved the appointment of a new Board and Management team of the Niger Delta Development Commission (NDDC), inclusive of the following members:
- Mr. Chiedu Ebie – Chairman (Delta State)
- Dr. Samuel Ogbuku– Managing Director/CEO (Bayelsa State)
- Mr. Boma Iyaye – Executive Director (Finance and Admin) (Rivers State)
- Mr. Victor Antai– Executive Director (Projects) (Akwa Ibom State)
- Ifedayo Abegunde – Executive Director (Corporate Services) (Ondo State)
- Sen. Dimaro Denyanbofa– State Representative (Bayelsa State)
- Mr. Abasi Ndikan Nkono – State Representative (Akwa Ibom State)
- Rt. Hon. Monday Igbuya – State Representative (Delta State)
- Chief Tony Okocha – State Representative (Rivers State)
- Hon. Patrick Aisowieren – State Representative (Edo State)
- Mr. Kyrian Uchegbu – State Representative (Imo State)
- Victor Kolade Akinjo – State Representative (Ondo state)
- Chief Dimgba Eruba – State Representative (Abia State)
- Mr. Asu Oku Okang – State Representative (Cross River State)
- Hon. Nick Wende – Zonal Representative (North Central)
- Hon. Namdas Abdulrazak – Zonal Representative (North East)
- Sen. Dr. Ibrahim Abdullahi Gobir– Zonal Representative (North West)
“The President expects that the new Board and Management team will ensure a new era of successful administration in the NDDC, in line with his Renewed Hope agenda. All the above-listed appointments take immediate effect.”