Justice Joyce Abdulmalik of the Federal High Court sitting in Abuja, has turned down a request to sack the chairman of the Niger Delta Development Commission, NDDC, Mr. Chiedu Ebie.
The court, in its judgement on the suit dismissed a legal action filed by oil producing communities in Bayelsa and Delta states against President Bola Tinubu over Ebie’s appointment.
The communities had approached the court to nullify what they described as President Tinubu’s illegal appointment in the NDDC.
According to the plaintiffs, President Tinubu’s appointee, Mr. Ebie, was not qualified to head the board of the NDDC in view of the fact that he is not from “the oil producing area with the highest quantum of oil production.”
Insisting that the appointment was in breach of extant provisions of the NDDC Act, the plaintiffs, prayed the court to intervene in the matter.
Aside from President Tinubu, other defendants in the suit are; the Senate President, the Attorney-General of the Federation, the NDDC and Ebie himself.
The communities told the court that though the 5th defendant, Ebie, is from an oil producing community, however, “the oil produced therefrom is insufficient, thus by the provisions of the law, he is unqualified for appointment as the Chairman of the 4th defendant’s board (NDDC).”
The suit marked FHC/ABJ/CS/28/2024 was initially brought before the court by three oil-producing communities in the Ekeremor local government area of Bayelsa State—Bisangbene, Agge, and Amatu1—through their leaders, Chief Goodnews Gereghewei, Chief Eddy Brayei, and Mr Jonah Engineyouwei.
However, communities in Delta State later applied and were joined as plaintiffs in the matter.
Whereas Chief Jerry Mulade-Aroh represented Gbaramatu Kingdom, Mr Jolomi Itsekure stood in for Itsekiri Oil and Gas producing communities, while Hon. Friday Ugedi represented Egbema Kingdom in Delta State.
The court, in its judgement, held that the case of the plaintiffs had become statute barred.
She held that the plaintiffs failed to institute the action within three months after President Tinubu made the appointment, as prescribed by the law.
The court noted that while Ebie was appointed to head the NDDC on August 29, 2023, the plaintiffs filed the suit on January 11, 2024, stressing that section 24(1) and (2) of the NDDC Act placed a limitation on the litigants.
More so, the court held that the suit was not properly commenced as the plaintiffs failed to seek its leave to apply for a judicial review of President Tinubu’s action.
The court held that since the suit was not properly initiated, it lacked the requisite jurisdiction to grant any of the reliefs sought by the plaintiffs.
Consequently, it dismissed the suit and held that all the issues that were raised by the plaintiffs had become academic.
President Tinubu and the AGF had through their lawyer, Mrs. Maimuna Lami Ashiru, challenged the competence of the suit.
Likewise, counsel for the National Assembly, Mr. Umaru Jibril, as well as that of the NDDC and Ebie, Mr. Emmanuel Akumaye, urged the court to dismiss the suit for want of merit.
Meanwhile, reacting to the judgement, the NDDC chairman, Ebie, described it as “well-considered, intelligently delivered and courageously sound.”
“By the ruling, the judiciary has once again proved that justice is never lacking in the Temple of Justice,” he added, saying, “It will further spur my dedication in leadership to make invaluable contributions to the development of the region, and I congratulate all Niger Deltans on the verdict.”
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