Indigenes of the oil and gas-producing communities of Itsekiri ethnic extraction in Warri South, Warri South-West and Warri North local government areas of Delta State have asked the Federal High Court, Warri, to restrain the newly-constituted board of the Niger Delta Development Commission (NDDC) from accessing funds of the commission and implementing its budget.
The indigenes claimed this is necessary pending the determination of the issues surrounding the constitution of the board which, the group alleges, does violence to the Constitution as well as the NDDC Act.
Members and indigenes of the communities are being represented by a group of lawyers, led by Prince Emmanuel Okotie-Eboh, Comrade Ameachi Ogbonna, Tsola Emiko Amoye and Isaac Dorsu.
In a suit, FHC/WR/CS/131/2022: PRINCE EMMANUEL OKOTIE-EBOH AND 4ORS VS THE PRESIDENT F.R.N AND 7 ORS, the lawyers argued that the screening and/or clearing, inauguration and constitution of the board constitutes a threat to the unity and oneness of Nigeria.
Counsels to the communities, Jolone Ikomi, Chief Robinson Ariyo and Brenda Modupe Alabi (Nee Saliu), argued that the combined reading of the provisions of sections 2, 5 (2) of the Niger-Delta Development Commission (establishment, etc.) Act Cap N86 Laws of the Federation of Nigeria; section 14 (1), (2) & (3); paragraphs 7 & 8 (1) (a), (b) & (2) of the third schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) can only lead to one conclusion; the constitution of the NDDC Board was unconstitutional, illegal, null and void and should be set aside.
The lawyers, by their originating summons dated and filed on the December 29, 2022, averred the following questions to the court for determination:
“Whether Madam Lauretta Ifeanyi Onochie, the eighth defendant qualifies as an indigene of an oil producing area.
“Whether quantum of oil production or contribution is not a mandatory qualification for determine priority of appointment into the NDDC Board.
“Whether it is not mandatory that a person to be nominated to fill the slot of Delta State as Chairman, Managing Director or the state representative on the Governing Board of the NDDC must be an indigene of the oil producing community in the circumstances.
“Whether it is not illegal, unlawful and repugnant to equity and good conscience for the President of the Federal Republic of Nigeria to nominate Madam Lauretta Ifeanyi Onochie, the eighth defendant, and for the National Assembly to screen her notwithstanding her obvious non-qualification.
“Whether it is not illegal, unlawful and repugnant to equity and good conscience for the President of the Federal Republic of Nigeria to exclude Delta State of Nigeria, a prime oil producing state from its due of the slots of a State Representative and Managing Director of the Commission in the circumstances.”
The presiding judge, Justice Okon Abang, therefore, ordered that in view of the sensitive nature of the subject matter of the suit, the defendants should be served the processes and be given the opportunity of being heard.
According to the judge, the suit is too sensitive for an Order of Interim injunction.
The judge, however, ordered that the defendants be served immediately and adjourned the matter to January 29, for the motion on notice.
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