Court Dismisses Suit Challenging Executive Appointment By President Tinubu

Court Dismisses Suit Challenging Executive Appointment By President Tinubu

Justice James Omotosho of the Federal High Court Abuja, has dismissed a suit seeking to quash the appointments of the current Managing Director and Executive Directors of the Niger Delta Development Commission (NDDC) by President Bola Tinubu.

Justice Omotosho dismissed the suit for lacking in merit.

The plaintiffs, through their lawyer Okere Nnamdi, urged the court to compel President Tinubu to withdraw the nominations of Dr. Samuel Ogbuku, Boma Iyaye, Victor Antai, and Ifedayo Abegunde as Managing Director and Executive Directors of the NDDC.

They demanded that the President appoint indigenes of oil-producing communities from Imo, Cross River, and Edo States, who they alleged had not previously held these positions, as mandated by Section 12(1) of the NDDC Act.

The applicants argued that appointments to NDDC management positions over the years had allegedly favoured some oil-producing states over others, contravening relevant laws.

They also prayed for a declaration that Sections 4 and 12(1) of the NDDC Establishment Act were compulsory in the appointment of the Commission’s Chairman, Managing Director, and Executive Directors.

According to them, Section 4 mandates that the appointment of the Chairman rotate alphabetically among the nine member states, while Section 12(1) requires that the Managing Director and Executive Directors be indigenes of oil-producing areas based on the quantum of oil production.

Nnamdi urged the court to block what he termed as anomalies in the appointments perpetually.

However, the NDDC’s legal team opposed the application, arguing that the plaintiffs lacked the locus standi (legal right) to institute the action.

The NDDC maintained that Section 12(1) of the NDDC Act provides for “adequate representation,” and this had always been observed in the Commission’s appointments.

The Commission argued that only the governors of oil-producing states could make such complaints, as they are recognized representatives of their citizens.

The other defendants submitted that only state governors, through their Attorney Generals, are in a proper position to sue the NDDC over any alleged infractions.

Delivering his judgment, Justice Omotosho held that the proper party to initiate the case was the Attorney General of the state, being the chief law officer empowered to sue on behalf of the state or appoint a private lawyer to do

The plaintiffs have no right to litigate a matter of public interest where the Attorney General is available and not complaining,” the judge said, highlighting that the applicants lacked legal standing.

Justice Omotosho further stated that the plaintiffs failed to prove their claims, adding that they ought to have shown the quantum of oil produced in each of the oil-producing states.

The judge noted that the plaintiffs also did not provide evidence of the manner and status of appointments into NDDC management positions since the Commission’s inception to substantiate their claims.

This is simply an assertion without proof. This court is handicapped in going to the merits of this case,” he said.

The judge held that the suit was consequently dismissed.

President Bola Tinubu had in 2023, appointed a new Board and Management for the NDDC.