By: Ella Ochang
A group led by Prince Emmanuel Okotie-Eboh, Comrade Amaechi Ogbonna, Tsola Emiko Amoye and Isaac Dorsu acting on behalf of the Indigenes and members of Oil and Gas producing communities of Itsekiri ethnic extraction in Warri South, Warri South-West and Warri North Local Government Areas, Delta State, have dragged the new NDDC Board to court , praying the Court to restrain the new Board from accessing funds and implementing budget pending the determination of the suit filled.
The group noted that their ethnic group (Itsekiri) are of the major oil and gas producing communities in Nigeria, hence they approached the Federal High Court Warri to restrain the newly constituted NDDC Board from accessing funds of the Commission pending determination of the issues surrounding the constitution of the board which the group alleges does violence to the Constitution as well as the NDDC Act.
The case filled with the suit No: FHC/WR/CS/131/2022 brought by PRINCE EMMANUEL OKOTIE-EBOH AND 4ORS VS THE PRESIDENT F.R.N AND 7 ORS, the Group contends that the screening, clearing, inauguration and constitution of the Board constitutes a threat to the unity and oneness of Nigeria.
Counsel to the Group Jolone Ikomi, Esq., Chief Robinson Ariyo, Esq and Brenda Modupe Alabi (Nee Saliu) argued that the combined reading of the provisions of sections 2, 5 (2) of the Niger-Delta Development Commission (establishment, etc.) Act Cap N86 Laws of the Federation of Nigeria; section 14 (1), (2) & (3); paragraphs 7 & 8 (1) (a), (b) & (2) of the third schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) can only lead to one conclusion; the constitution of the NDDC Board was unconstitutional, illegal, null and void and should be set aside.
The group by its Originating Summons dated and filed on the 29th day of December, 2022 submitted the following questions to the court for determination:
“1. Whether Madam Lauretta Ifeanyi Onochie, the 8th Defendant qualifies as an indigene of an oil producing area.
“2. Whether quantum of oil production/contribution is not a mandatory qualification for determining priority of appointment into the NDDC Board.
“3. Whether it is not mandatory that a person to be nominated to fill the slot of Delta State as either the Chairman or Managing Director or the Delta State Representative on the Governing Board of the Niger-Delta Development Commission must be an indigene of an oil producing community in the circumstances.
“4. Whether it is not illegal, unlawful and repugnant to equity and good conscience for the President of the Federal Republic of Nigeria to nominate Madam Lauretta Ifeanyi Onochie, the 8th Defendant and for the National Assembly to screen her notwithstanding her obvious non-qualification.
“5. Whether it is not illegal, unlawful and repugnant to equity and good conscience for the President of the Federal Republic of Nigeria to exclude Delta State of Nigeria, a prime oil producing state from its due of the slots of a State Representative and Managing Director of the Commission in the circumstances”.
The Presiding Judge, Justice Okon Abang ordered that in view of the sensitive nature of the subject matter of the suit, that the Defendants should be served the processes and be given the opportunity of being heard. He noted that the suit is too sensitive for an Order of Interim injunction.
The Learned Judge, Justice Abang however ordered that the Defendants be served immediately and adjourned the matter to January 19, 2023 for the Motion on Notice.
