- Safiu Kehinde
A Federal High Court in Abuja has, on Thursday, dismissed a suit challenging President Bola Tinubu’s appointment of Chiedu Ebie as Chairman, Niger Delta Development Commission (NDDC).
Also joined in the suit were the Senate President, the Attorney-General of the Federation, the NDDC and Ebie himself.
Justice Joyce Abdulmalik, in a judgment, dismissed the suit on the ground that the case of the plaintiffs had become statute barred.
The judge 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 Aug. 29, 2023, the plaintiffs filed the suit on Jan. 11, stressing that Sections 24(1) and (2) of the NDDC Act placed a limitation on the litigants.
The judge, who declined to sack Ebie, also held that the suit was not properly commenced as the plaintiffs failed to seek the leave of the court to apply for a judicial review of President Tinubu’s action.
The court held that since the suit was not properly initiated, it, therefore, lacked the requisite jurisdiction to grant any of the reliefs that was sought by the plaintiffs.
She, consequently, dismissed the suit and held that all the issues that were raised by the plaintiffs had become academic.
According to reports, the suit marked: FHC/ABJ/CS/28/2024 was instituted by the oil producing communities in Bayelsa and Delta.
The communities had approached the court to nullify what they termed as President Tinubu’s illegal appointment in the NDDC.
Presenting their claim, the plaintiffs held that 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.”
The plaintiffs, who prayed the court to intervene in the matter, insisted that the appointment was in breach of extant provisions of the NDDC Act,
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 was initially brought before the court by three oil producing communities in Ekeremor Local Government Area of Bayelsa – Bisangbene, Agge and Amatu1- through their leaders, Chief Goodnews Gereghewei, Chief Eddy Brayei and Mr Jonah Engineyouwei.
However, communities in Delta later applied and were joined as plaintiffs in the matter.
While Chief Jerry Mulade-Aroh represented Gbaramatu Kingdom, Mr Jolomi Itsekure stood in for Itsekiri Oil and Gas Producing Communities, and Hon. Friday Ugedi represented Egbema Kingdom in Delta.
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.
Reacting to the judgement, the NDDC Chairman, Ebie, described it as “well-considered, intelligently delivered and courageously sound.”
According to him, by the ruling, the judiciary has once again proved that justice is never lacking in the Temple of Justice.
“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,” he said.