Justice Joyce Abdulmalik of the Federal High Court sitting in Abuja, on Thursday, dismissed a suit against President Bola Tinubu, the Senate President, the Attorney-General of the Federation, and the Niger Delta Development Commission (NDDC), and its Chairman, Mr. Chiedu Ebie.
The suit marked, FHC/ ABJ/CS/28/2024, was initially brought before the court by three oil producing communities in 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, some 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.
Specifically, the communities had sought an order nullifying what they termed as President Tinubu’s illegal appointment of Ebie as NDDC board chairman.
In her judgment, Justice Abdulmalik held that the case of the plaintiffs had become statute barred.
The court added that the plaintiffs failed to file the action within three months after President Tinubu made the appointment, as prescribed by the law.
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.
Further more, the Judge stated 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.
The court noted 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.
Consequently, Justice Abdulmalik dismissed the suit and held that all the issues that were pleaded by the plaintiffs had become academic and of no moment.
In an accompanying affidavit, the plaintiffs claimed that 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.”
The plaintiffs argued that the appointment was in breach of extant provisions of the NDDC Act, and therefore prayed the court to intervene in the matter.
Though the communities told the court that though the 5th defendant, Ebie, is from an oil producing community, however, they said, “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).”
President Tinubu and the AGF had through their lawyer, Mrs. Maimuna Lami Ashiru, challenged the competence of the suit just as 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 judgment, 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.”
