The suit challenging the appointment of the Managing Director and Executive Directors of the Niger Delta Development Commission (NDDC) by President Bola Tinubu, has been dismissed by the Federal High Court in Abuja.
Justice James Omotosho ruled that the suit lacked merit and that the plaintiffs, represented by their lawyer, Okere Kingdom, failed to substantiate their claims.
The plaintiffs had sought to compel President Tinubu to withdraw the nominations of Samuel Ogbuku, Boma Iyaye, Victor Antai, and Ifedayo Abegunde.
They argued that the appointments did not align with Section 12(1) of the NDDC Act, which mandates that the Managing Director and Executive Directors be indigenes of oil-producing areas based on the quantum of oil production.
They further contended that appointments to the NDDC had historically favoured certain oil-producing states, marginalizing others like Imo, Cross River, and Edo States.
Defendants Argue Lack Of Legal Standing
The NDDC, represented by its legal team, opposed the application, asserting that the plaintiffs lacked the locus standi (legal right) to file the suit.
“The proper parties to initiate such a case are the governors of oil-producing states or their Attorney Generals,” the Commission argued.
It also maintained that the appointments complied with the “adequate representation” requirement of Section 12(1) of the NDDC Act.
Other defendants reinforced this position, stating that state governors are the recognized representatives of their citizens in such matters.
Court Rules Against Plaintiffs
In his judgment, Justice Omotosho agreed with the defendants, ruling that the plaintiffs had no legal standing to bring the case.
“The proper party to initiate the case is 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 so,” Justice Omotosho stated.
The judge noted that the plaintiffs failed to provide evidence of the quantum of oil produced by each state or the history of appointments to the NDDC management.
“This is simply an assertion without proof. This court is handicapped in going to the merits of this case,” Justice Omotosho said, dismissing the suit.
President Bola Tinubu appointed a new Board and Management for the NDDC in 2023, a decision that stirred debates over compliance with the NDDC Act.
The appointments included Samuel Ogbuku as Managing Director and other executives from various oil-producing states.
