By Kayode Sanni-Arewa
Massive jubilation in the Oil and Gas producing communities of Delta State as Justice Joyce Abdulmalik of the Federal High Court, Abuja, fixed October 31, to deliver ruling as well as judgement in a suit seeking the sack of the Chairman of the Board of the Niger Delta Development Commission (NDDC), Mr Chiedu Ebie, over alleged wrongful appointment.
Justice Abdulmalik fixed the date for both ruling and judgement on Tuesday, shortly after parties in the suit adopted their written addresses as their arguments for and against the originating summons
Recall that some Niger Delta communities had sued President Bola Tinubu, for allegedly violating the NDDC’s Act by appointing Ebie as NDDC.
The plaintiffs from Bayelsa and Delta States communities had told the court that Ebie was not qualified to occupy the seat of Board Chairman haven not come from, “the oil producing area with the highest quantum of oil production”.
Those who filed the suit include; Chief Goodnews Gereghewei, Chief Eddy Brayei and Mr Jonah Engineyouwei, who sued on behalf of themselves and Bisangbene, Agge and Amatu1 communities in Ekeremor Local Government Area of Bayelsa State.
President Tinubu, Senate President, Attorney-General of the Federation, NDDC and Ebie are 1st to 5th respondents respectively.
Meanwhile, Jerry Mulade-Aroh representing Gbaramatu Kingdom, Mr Mathew Itsekure, representing Itsekiri Oil and Gas producing communities and Hon Friday Ugedi, representing Egbema Kingdom all in Delta also sought to be joined as plaintiffs in the suit, demanding that is the turn of Itsekiri or Ijaw to produce the chairman as the highest quantum producers.
At Tuesday’s proceedings, plaintiffs through their lawyer Mr Egberipou Sotonye Barakemi, urged the court to dismiss the preliminary objection filed by President Tinubu and the AGF, adding that the court should dismiss the entire case of all the respondents for lacking in merit.
Mrs Maimuna Lami Ashiru, representing President Tinubu and the AGF, Umaru Jibril, representing the National Assembly and Emmanuel Akumaye, representing NDDC and Ebie, in their respective reply urged the court to dismiss the suit for want of jurisdiction.
After listening to all parties, Justice Abdulmalik announced that ruling in the preliminary objection to the suit as well as her judgement in the main suit would be delivered on October 31, this year.
In the suit marked: FHC/ABJ/CS/28/2024, and filed January 11, 2024, the plaintiffs claimed that both President Tinubu and the National Assembly contravened the NDDC Act by screening and appointing Ebie Chiedu as NDDC Board Chairman.
Niger Delta activist Comrade Mulade Sheriff insists that although Ebie is from an oil producing State but, was however not qualified for appointment as board chairman because he was not from the highest oil producing area in Delta State.
Mulade argued that Ebie’s appointment “was done horribly in error for political reasons and is against the clear provisions of the NDDC law. Therefore, called on President, Bola Ahmed Tinubu GCFR to immediate replacement him with someone with the requisite capacity and competence from core host communities in Delta State to give sense of belonging for participatory inclusiveness.
The Niger Delta-born renowned environmental rights activist has again urged the National Assembly lawmakers to adhere strictly to the provisions of the law irrespective of political affiliation for the interest of Nigerians, especially host communities because we cannot continued to play politics with our daily bastardized environment and future.
“That the screening and confirmation of the 5th defendant by the Nigerian Senate was also done in error and was against the clear provisions of the law.
“That as a result of the facts above and in particular the facts in paragraphs 2 – 11, the appointment of the 5th defendant is null, void and of no effect”.
The plaintiffs through their lawyer, B. B. Abalaba, had asked the court to determine whether Ebie who is from a community with minimal oil production is qualifed to be the chairman of the 4th defendant (Niger Delta Development Commission)?
Other issues raised for determination are: Whether the appointment of the 5th defendant by the 1st defendant as the chairman of the 4th defendant is not in contravention of the NDDC Act?
“Whether the appointment of the 5th defendant by the 1st defendant as the chairman of the 4th defendant is not Illegal null and void?
They therefore prayed the court for an order “setting aside the appointment of the 5th defendant as the chairman of the 4th defendant by the 1s defendant.
“An order of injunction restraining the 5th defendant from assuming office or in any way acting as the chairman of the 4th defendant.
“An order of injunction restraining the 4th defendant from recognizing the 5th defendant as its chairman or allowing him access into its premises for the purpose of beginning or continuing work as its chairman.
“An order of injunction restraining the 5th defendant from holding himself out as the chairman of the 4th defendant”.