His Lordship, Justice Okon Abang of the Federal High Court, Warri Judicial division has cited the fact that he is from the Niger-Delta region to justify recusing himself from further hearing the matter filed against the composition of the NDDC by the Prince Emmanuel Okotie-Eboh led group.
When the matter came up before the Honourable Court on Tuesday January 31, 2023, Counsel to the Plaintiff, Chief Robinson Ariyo had informed the court that the application to restrain the new Governing Board from assessing the NDDC funds was what was ripe for hearing and he was prepared for argument.
Counsel to the party seeking to join Jude A. Rex-Ogbuku, argued that his application for joinder should take priority over that of the Plaintiff so as to enable the party seeking to join participate in the proceedings.
In reply, Chief Robinson Ariyo argued that since the party sought to be joined was technically not yet a party, he could not participate in the proceedings as such, hence, the application for injunction should be heard first as it seeks to preserve the res for the benefit of all including the party sought to be joined.
At this stage the Honourable Court reasoned that should he give a decision in the circumstances, it may be perceived that it is due to the fact that he is from the region; His Lordship is from the Niger-Delta region.
The Honourable Court then directed that file to be sent to the Chief Judge of the Federal High Court for reassignment to any other court that is not of Niger-elta origin.
It would be recalled that Prince Emmanuel Okotie-Eboh, Comrade Ameachi 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 of Delta State of Nigeria had prayed the Federal High Court in Warri for an Order of interlocutory injunction restraining the President and the National Assembly from ’”permitting and/or authorizing the operations and or appropriating the relevant funds or implementing the relevant budgetary allocations by the governing board of the Niger Delta Development Commission (NDDC) with the extant nominees, composition and structure of the proposed board Chairman and members as constituted pending the hearing and determination of the substantive suit”.
With the recent development, the matter has been adjourned to enable a reassignment by the Chief Judge in the circumstances.
