October 31 Set for Judgment on NDDC Chairman’s Appointment
Justice Joyce Abdulmalik of the Federal High Court in Abuja has slated October 31 for delivering both a ruling and judgment in a case challenging the appointment of Mr. Chiedu Ebie as Chairman of the Board of the Niger Delta Development Commission (NDDC), PulseNets learned. The suit seeks Ebie’s removal over alleged improper appointment procedures.
PulseNets reports that Justice Abdulmalik fixed this date after parties involved in the suit presented their written arguments for and against the originating summons. Some communities within the Niger Delta had filed a suit against President Bola Tinubu, claiming that Ebie’s appointment violated the NDDC Act.
According to the plaintiffs, who are from Bayelsa and Delta States, Ebie does not qualify to hold the position of Board Chairman as he does not come from “the oil-producing area with the highest quantum of oil production.” Those who initiated the suit include Chief Goodnews Gereghewei, Chief Eddy Brayei, and Mr. Jonah Engineyouwei, representing the communities of Bisangbene, Agge, and Amatu 1 in Ekeremor Local Government Area of Bayelsa State.
President Tinubu, Senate President, the Attorney-General of the Federation, NDDC, and Ebie are named as the first to fifth respondents, respectively.
Meanwhile, PulseNets learnt that Jerry Mulade-Aroh, representing Gbaramatu Kingdom; Mr. Jolomi Itsekure, representing Itsekiri Oil and Gas-producing communities; and Friday Ugedi, representing Egbema Kingdom in Delta State, also sought to join the suit as plaintiffs.
During Tuesday’s proceedings, the plaintiffs, through their lawyer Mr. Egberipou Sotonye Barakemi, urged the court to dismiss the preliminary objection filed by President Tinubu and the Attorney-General of the Federation, arguing that the entire case of all the respondents lacked merit.
Mrs. Maimuna Lami Ashiru, representing President Tinubu and the Attorney-General of the Federation; Umaru Jibril, representing the National Assembly; and Emmanuel Akumaye, representing the NDDC and Ebie, countered, urging the court to dismiss the suit due to lack of jurisdiction.
After hearing from all sides, Justice Abdulmalik announced that the ruling on the preliminary objection and her judgment on the main suit would be delivered on October 31, PulseNets reports.
The suit, marked FHC/ABJ/CS/28/2024 and filed on January 11, 2024, asserts that President Tinubu and the National Assembly breached the NDDC Act by appointing and confirming Ebie as NDDC Board Chairman. The plaintiffs argue that although Ebie hails from an oil-producing state, he is not from the highest oil-producing area, making him ineligible for the position.
In the affidavit supporting the suit, the plaintiffs declared, “Ebie’s appointment was done in error and is against the clear provisions of the law. The screening and confirmation of the 5th defendant by the Nigerian Senate were also done in error and were against the clear provisions of the law. As a result, the appointment of the 5th defendant is null, void, and of no effect.”
The plaintiffs, through their lawyer B. B. Abalaba, requested the court to determine whether Ebie, coming from a community with minimal oil production, qualifies to be the chairman of the NDDC Board.
The plaintiffs raised other issues for the court’s determination, including whether Ebie’s appointment as Chairman of the NDDC Board by the President was in violation of the NDDC Act and whether it was illegal, null, and void.
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They prayed the court to issue an order “setting aside the appointment of the 5th defendant as the chairman of the 4th defendant by the 1st defendant.” Additionally, they sought an injunction restraining Ebie from assuming office or acting as the Chairman of the NDDC, and preventing the NDDC from recognizing Ebie as its chairman or allowing him access to its premises to begin or continue work as its chairman. The plaintiffs also requested an order of injunction restraining Ebie from holding himself out as the chairman of the NDDC.
