By Ise-Oluwa Ige
ABUJA — Two indigenes of the oil-producing areas of Akwa Ibom State, Chief Goddy Iwang and Rev. Jack Mboho have commenced a constitutional law suit before an Abuja Federal High Court seeking to stop President Umaru Musa Yar’Adua and the Senate President, David Mark from appointing the new Managing Director of the Niger Delta Development Commission (NDDC) from Rivers State.
The plaintiffs are contending that appointing the new MD of the NDDC from Rivers will contravene section 12 (1) of the Niger-Delta Development Commission (Establishment, etc) Act Cap 86, Laws of the Federation of Nigeria, 2004 since Rivers is not a member state of the NDDC with the highest production quantum of oil.
The duo of Goddy and Jack, who are seeking the interpretation of section 12 (1) of the NDDC Act 2004 which provides for how NDDC MD must emerge, are contending that the only qualified oil producing state to produce the next MD of the commission is Akwa Ibom State.
The said section 12 (1) of the NDDC Act 2004 provides that: “There shall be for the commission, a Managing Director and two Executive Directors who shall be indigenes of oil producing areas starting with the member states of the commission with the highest production quantum of oil and shall rotate amongst member states in the order of production.”
The plaintiffs are claiming that ever since the NDDC was created, the requirement of the law on the appointment of its Managing Director, chairman and others board members have been religiously complied with.
They said, for instance, “Delta State being the highest crude oil producer at the inception of the commission and in conformity with the NDDC Act produced the first managing director in the persons of Enginer Godwin Omene and Hom Emmanuel Agwariawhodo.”
Specifically, the plaintiffs want the court to declare that it is the turn of Akwa Ibom to produce the next MD of NDDC after the expiration of the tenure of the immediate MD, Mr Timi Alaibe who was from Bayelsa State.
They also want the court to issue an order directing President Yar’Adua to nominate and forward to the Senate a suitable candidate from Akwa Ibom State only for the confirmation by Senate as the MD of NDDC in accordance with section 12 (1) of the Act establishing NDDC.
The matter is scheduled for July 22, this year for hearing.
Besides, they are also asking for an order directing the Senate to confirm for appointment into the office of the MD of NDDC only a candidate from Akwa Ibom state in accordance with the same section 12 (1) of the NDDC Act.
They said that “upon the resignation of Hon Emmanuel Agwariawhodo, Mr Timi Alaibe, the then Finance and Administration Direcytor, being the most director was appointed in an acting capacity as the MD of the commission until the expiration of the Board’s tenure.
They said that “still in accordance with the NDDC Act, the same pattern of appointment for the chairmanship of the commission albeit in alphabetical order has been religiously followed.
They said that “in this order, Abia state produced the first chairman of the Commission, Chief Onyema Ugochukwu while Akwa Ibom being the second state alphabetically produced the second chairman of the commission, Ambassador Sam Edem and the third chairman of the commission, Mr Dan Abia who completed the unexpired term of Ambassador Edem.”
They said by the intendment of section 12 (1) of the NDDC Act 2004, Akwa Ibom presently has the highest production quantum of oil amongst all the member states of NDDC and therefore the only state presently qualified to produce the next managing director for the commission.
They buttressed their claim with a number of exhibits including a document from the RMFAC on the 2008 (January through July) revised 13% derivation indices indicating that Akwa Ibom is the highest producer of oil in the country followed by Rivers state.
The document exhibited was signed by RMFAC Chairman, Eng Hamman A Tukur.
In the originating summons filed by their lawyer, Mr Lawal Rabana (SAN), they are asking the court to issue one declaratory and two injunctive reliefs in their favour should it hold that section 12 (1) of the NDDC Act 2004 provides that the state with highest production of oil shall produce the MD of the commission.
Meanwhile, counsel to the plaintiffs, Mr Lawal Rabana has written the Senate not to confirm the appointment of a candidate already sent by President Yar’Adua before it, being not from Akwa Ibom state.
Rabana is urging the lawmakers not to take any step on the appointment in order not to foist a fait accompli on the court.
Are you surprise? These thugs in the corridor of power careless about the laws they legislated, let alone the laws & commandments of our creator – Lord God. The laws they obey is that of UN, because they do want sanctions from UN to disrupt their elitist lifestyles. That was why they gave out Bakassi which is rich in oil. I do commend Goddy & Jack for the move, but I’m afraid because of the state of corruption in Nigeria courts. You see Yaradua, Godswill Akpabio, others bribed justices & judges to in power.
the issue on ground”militant & NNDC has cause great pandemonium in this country.i hail from akwa-ibom state.the government of this country has fail us with self center minded.the truth is it is a good idea to choose the M.D of NNPC from the state but of what genuine will this candidate is going to play,all the same self center minded role.the government are embarrasing this nation within the globe.DEVELOPMENT is not by wealth but growth.
Mallam Umaru Musa Yar’Adua’s government in the area of appointment does not favours Akwa Ibom State. The New MD of NDDC should be appointed from Akwa Ibom State if Yar’Adua’s government is really considering equity and justice.
I plead with my fellows to take note.
Please,Mr President should do the right;sentiments shouldn’t come in here.He should note that any -ve action now might invite the Militants.
Mallam Umaru Musa Yar’Adua’s government in the area of appointment does not favours Akwa Ibom State. The New MD of NDDC should be appointed from Akwa Ibom State if Yar’Adua’s government is really considering equity and justice.
So what? Henry is a comon criminal, he is not a freedom fighter. He is a thug, a kidnapper, an oil bunkerer and agent to the corrupt and indicted governors and persons. This so called amnesty of a thing a just unnuccesary diversion and a boloney. The real issue has to be addressed and has not been addressed. It is empirical and as stated by, John Wilkes over 350 years ago and I quote ‘Injustice is a wrong and a wrong must be righted’ and if one human being or a group human beings, through injustice and abuse of naked power, tries to tyrannise it over another or a group of people, it is a power usurped for The Almighty God and resistance is a prime duty. These statements are true then and they are very true now. What is happening in the Niger Delta is criminal and dishonest and ALL Presidents military or civilians, ALL Governors Military or civilian, with the exception of Diete Spiffe and most so called leaders of the Niger Delta are parties to this crime and dishonesty. Abuja was developed in a jiffy, with the money made from the crude oil of the Niger Delta. Why can’t The Niger Delta be developed in a jiffy, with the money made from the cude oil of the Niger Delta. It is matthematical aziom, QED, QEF, a political reality, makes ecconomic sense, it is religiously Godly, it is fair, just and equitable that if The Niger Delta is massively ecconomically developed, the people of the Niger Delta are massively ecconomically empowered with the provision of well paid jobs to the able bodied youths, youth restiveness and mayhem will be reduced by 98%. The Federal Government has 55 billion dollars in their external reserve, The federal government has, a lot of billions of dollars stached away in their crude oil accounts in secert bank accounts. They should use this money to massively develope the Niger Delta immediately. The state governments should also be involved in these martial plan, to massively develope the Niger Delta. All the ex governors who were, almost impecunious before the were selected as governors, now have billions of dollars in foriegn accounts, which they looted, got from ransome money and made through illegal oil bunkerring and stealing with their collaborators, should be made or asked to bring back this money to help in the developement of the Niger Delta. The federal Government know where all these monies are hidden abroad. If they say they do not know, then we know those that can help them locate this stolen money. After the moneis have been returned, then the government can talk of amnesty. The truth is that at the end of the day these corrupt ex governors will loss all the money, just think of the Shar of Iran, Marcos of the Philiphines, the Zars of Russia, Mobutu, Hailselesi, the Italian and American mafia, just to mention a few, they all lost their money they kept in foriegn and secret accounts. Mr. President what is good for Abuja is equally good for the Niger Delta. You should listen very well to Amnesty International and their report on Niger Delta. You shouls stop masking the problem by talking of Amnesty to criminals, by extension the corrupt and indicted ex governors from the Niger Delta. These are the people who claimed and you have not denied it up till now, that they bank roled your election and that, they will bank role your reelection of 2011. You can grant amnesty to as many Henrys, Iboris, Odillis, Sekibos, etc and their friends and collaborators, if you do not address the underlining problems in the Niger Delta, all your so called amnesty will come to nothing ZERO and will only be seen as a political shenanigan. You have been pushed into a very tight conner by the AGF to talk of Amnesty, that will only benefit his friends and backers, the corrupt and indicted ex governors, their collaborators and the criminals. I gathered that the list recovered, in camp 5 by the security people, contain their names. Is this the reason why you are reluctant to publish the lists? Any leader who plays hide and seek and who it not up front with the truth and who is ecconomical with the actualite in the Niger Delta will never see peace.MR PRESIDENT POSITIVE AND MASSIVE DEVELOPE MENT OF THE NIGER DELTA AND POSSITIVE AND MASSIVE ECCONOMIC EMPOWERMENT OF THE PEOPLE OF THE NIGER DELTA IS THE ONLY SOLUTION.
Ya’dua acts strange sometimes. Where lies the rule of law in these actions?