The Federal High court sitting in Abuja on Friday, the 19th of June heard the Application / Originating summons  filed by Lawyers for themselves and on behalf of Comrade Itoldem Deghware and Ors vs Attorney General of the Federation and Ors in suit No FHC/ABJ/CS/ 404/2020, seeking for the nullification of the appointment of the 5th to 9th defendant as members of Interim Management Committee for the Niger Delta Development Commission, an Appointment and position which is unknown to the establishing NDDC Act.

The plaintiffs in the suit are comrade Itoldem Daghware, Bishop Chuk Johnson , Julius Akinterinwa and the Registered Trustees of the Niger Delta Youth Forum.

The plaintiffs had taken the Federal government to court over its decision to inaugurate an Interim Management Committee to run the NDDC. According to the plaintiffs , the appointment of the members of that committee is illegal, unconstitutional and a flagrant abuse of   Section 2,7,9 ,10 and 12(2),(3) of the Niger Delta Development Commission  (Establishment, etc) (Amendment) Act  2017.

The plaintiffs are also saying that  the appointment of members of the committee  is  illegal,  unlawful,  and a flagrant abuse of  the afore- mentioned sections of the  Niger Delta Development Commission (Establishment, Etc) (Amendment) Act  2017 and Usurpation of the powers of the Board .

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Joined in the suit as co-respondents are:  1. The Attorney-General and Minister of Justice, 2. The National Assembly. 3 The Minster of Niger Delta Affairs, Godswill Akpabio 4. The Niger Delta Development Commission. 5. Professor David K. Pondei (Ag. MD) 6, Dr.  Cairo Ojougboh (Ag. ED Projects) 7, Mr. Ibanga Bassey Etang (Ag. ED Finance) 8, Mrs Caroline Nagbo (Member) and 9, Mrs Cecilia Akintomide (Member)

The court sitting at Abuja  before  Honorable Inyang Ekwo on the 19th day of June 2020, upon listening to Arguments by learned counsel to the plaintiffs Abba Odey and Ademola  Dere held that the application be set down for definite hearing , while ordering hearing notices be served on all respondents and subsequently adjourned the case to the 3rd day of July 2020 for further proceedings

The plaintiffs, through their lawyers,  Ademola Dere and James Ode Abah , are challenging the constitution of the Interim Management committee for the NDDC.  They consider that action illegal, unconstitutional and a flagrant abuse of  Section 2,7,9 ,10 and 12(2),(3) of the Niger Delta Development Commission (Establishment, etc) (Amendment) Act  2017.

The plaintiffs are amongst other reliefs sought, asking the court to determine whether the appointment of the Interim Management Commission for the Niger Delta Development Commission is not an aberration of the constitutionally defined board / management and administrative checks and accountability as set in the Niger Delta Development Commission (Establishment, Etc) (Amendment) Act  2017.

They are also asking the court to declare that the appointment of the Interim Management Committee members is illegal ,ultra vires ,null and void  and in flagrant abuse of the establishing Act and appointment in the 4th defendants commission in flagrant abuse of Section 3, 7 ,12 and 23 of the Niger Delta Development Commission (Establishment, etc) (Amendment) Act  2017 and Sections 42  of the 1999 constitution of the Federal Republic of Nigeria.

Vanguard