By Anthony Ochela, Abuja
A Federal High Court in Abuja, on Thursday, dismissed a suit seeking the sack of the Chairman of the Board of the Niger Delta Development Commission, Mr. Chiedu Ebie, over alleged wrongful appointment.
Ruling on the suit marked: FHC/ABJ/CS/28/2024, instituted by Chief Goodnews Gereghewei and others, Justice Joyce Abdulmalik said the plaintiffs lack locus standi to institute the case.
Justice Abdulmalik further held that the court lacked jurisdiction to entertain the matter and the case was statute barred having been filed out of time.
Following the appointment of Mr. Ebie as the chairman of NDDC, some aggrieved Niger Deltans, dragged President Bola Tinubu, the Senate President, Attorney-General of the Federation, NDDC, and Ebie as 1st to 5th respondents respectively to court for allegedly violating the NDDC Act.
According to the plaintiffs who hail from Bayelsa and Delta State communities, Ebie is not qualified to occupy the seat of Board Chairman because he is not from the oil-producing area with the highest quantum of oil production.
The plaintiffs; Chief Goodnews Gereghewei, Chief Eddy Brayei, and Mr Jonah Engineyouwei sued the defendants on behalf of themselves and the Bisangbene, Agge, and Amatu1 communities in Ekeremor Local Government Area of Bayelsa State.
However, Jerry Mulade-Aroh, representing Gbaramatu Kingdom, Mr Jolomi Itsekure, representing Itsekiri Oil and Gas producing communities, and Friday Ugedi, representing Egbema Kingdom all in Delta also sought to be joined as plaintiffs in the suit.
In the originating summon filed January 11, 2024, the plaintiffs argued that both President Tinubu and the National Assembly contravened the NDDC Act by screening and appointing Ebie Chiedu as NDDC Board Chairman.
In an affidavit deposed in support of the suit, the plaintiffs averred that Ebie’s appointment “was done in error and is against the clear provisions of the law.
They submitted that “the screening and confirmation of the 5th defendant (Ebie) by the Nigerian Senate was also done in error and was against the clear provisions of the law.
At the previous proceeding, the plaintiffs through their lawyer, B. B. Abalaba, asked the court to determine whether Ebie who is from a community with minimal oil production is qualified to be the chairman of the 4th defendant.
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 prayed the court to “set aside Ebie’s appointment as the chairman of NDDC.
The plaintiffs also prayed to the court for “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”.
During its proceedings on 24 November, 2024, counsel to the 1st (President) and 3rd (AGF) defendant, the director of civil litigation, Federal Ministry of Justice, Mrs Maimuna Lami-Ashiru, informed the court that they have filed a preliminary objection to the plaintiffs’ originating summon where they prayed the court to dismiss the suit with a substantial cost.
She said, “We are asking the court to dismiss the suit for want of jurisdiction with a substantial cost”.
Counsel to the other defendants Umaru Jibril, who represented the National Assembly, and Emmanuel Akumaye, who appeared for the NDDC, and Ebie, in their separate reply also urged the court to dismiss the suit for want of jurisdiction with substantial cost.
The plaintiffs on their part, through their lawyer Mr Egberipou Barakemi, urged the court to dismiss the preliminary objection of the 1st and 3rd defendants as well as the submission of the other defendants in the matter.
