A Federal High Court in Abuja in Abuja has dismissed a suit seeking the sack of the Chairman of the Niger Delta Development Commission (NDDC), Chiedu Ebie.
In a judgment on Thursday, Justice Joyce Abdulmalik found as statute barred the suit filed by some oil producing communities in Bayelsa and Delta states, challenging Ebie’s appointment by President Bola Tinubu.
Justice Abdulmalik held that the plaintiffs failed to institute the action within three months after President Tinubu made the appointment, as prescribed by the law.
She noted that while Ebie was appointed to head the NDDC on August 29, 2023, the plaintiffs filed the suit on January 11, 2024, holding that section 24(1) and (2) of the NDDC Act placed a limitation on the litigants.
The judge further held that the suit marked: FHC/ABJ/CS/28/2024 was not properly commenced because the plaintiffs failed to first seek the court’s leave to apply for a judicial review of President Tinubu’s action, as required.
Justice Abdulmalik also held that since the suit was not properly commenced, the court lacked the requisite jurisdiction to grant any of the reliefs sought by the plaintiffs.
She proceeded to dismissed the suit and held that all the issues that were raised by the plaintiffs had become academic.
The plaintiffs had sought the voiding of Ebie’s appointment, arguing among others that Ebie was not qualified to head the board of the NDDC because he is not from “the oil producing area with the highest quantum of oil production.”
They insisted that the appointment was in breach of extant provisions of the NDDC Act.
The plaintiffs argued that although Ebie is from an oil producing community, the oil produced in his community is insufficient, a development they claimed makes him unqualified for appointment as the Chairman of the NDDC board.
The suit was initially filed by three oil producing communities in Ekeremor Local Government Area of Bayelsa State – Bisangbene, Agge and Amatu1- through their leaders, Chief Goodnews Gereghewei, Chief Eddy Brayei and Mr Jonah Engineyouwei.
Defendants in the suit are President Tinubu, the Senate President, the Attorney-General of the Federation, the NDDC and Ebie.
Ebie, in reacting to the judgment, said it was a “well-considered, intelligently delivered and courageously sound.
“By the judgment, the judiciary has once again proved that justice is never lacking in the Temple of Justice.”
He added: “it will further spur my dedication in leadership to make invaluable contributions to the development of the region and I congratulate all Niger Deltans on the verdict.”
The Nation
