By Ikechukwu Nnochiri

The Federal High Court sitting in Abuja, on Tuesday, fixed October 31 to deliver judgement on a suit that oil-producing communities in Bayelsa and Delta State filed against President Bola Tinubu.

The communities approached the court to nullify President Tinubu’s alleged illegal appointment in the Niger Delta Development Commission, NDDC.

According to the plaintiffs, President Tinubu’s appointee, Mr. Chiedu Ebie, was not qualified to head the board of the NDDC since he is not from “the oil-producing area with the highest quantum of oil production.”

Insisting that the appointment was in breach of extant provisions of the NDDC Act, the plaintiffs, prayed the court to intervene in the matter.

Aside from President Tinubu, other defendants in the suit, are: the Senate President, the Attorney-General of the Federation, the NDDC, and Ebie himself.

The communities told the court that though the 5th defendant, Ebie, is from an oil-producing community, however, “the oil produced therefrom is insufficient, thus by the provisions of the law, he is unqualified for appointment as the Chairman of the 4th defendant’s board (NDDC).”

In an affidavit they attached in support of the suit, the plaintiffs argued that Ebie’s appointment was done in error and against the clear provisions of the law.

“That the screening and confirmation of the 5th defendant by the Nigerian Senate was also done in error and was against the clear provisions of the law.

“That as a result of the facts above and in particular the facts in paragraphs 2 – 11, the appointment of the 5th defendant is null, void, and of no effect,” they insisted.

Consequently, they urged the court to among other things, determine, whether the 5th defendant who is from a community with minimal oil production is qualified to be the chairman of the 4th defendant (NDDC).

“Whether the appointment of the 5th defendant by the 1st defendant as the chairman of the 4th defendant is not in contravention of the NDDC Act?

“Whether the appointment of the 5th defendant by the 1st defendant as the chairman of the 4th defendant is not Illegal null and void?”

They further want the court to issue an order, “setting aside the appointment of the 5th defendant as the chairman of the 4th defendant by the 1st defendant.

“An order of injunction restraining the 5th defendant from assuming office or in any way acting as the chairman of the 4th defendant.

“An order of injunction restraining the 4th defendant from recognizing the 5th defendant as its chairman or allowing him access into its premises for the purpose of beginning or continuing work as its chairman.”

As well as “An order of injunction restraining the 5th defendant from holding himself out as the chairman of the 4th defendant.”

Though the suit, marked: FHC/ABJ/CS/28/2024, was initially brought before the court 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.

However, communities in Delta State later applied and were joined as plaintiffs in the matter.

Whereas Chief Jerry Mulade-Aroh represented Gbaramatu Kingdom, Mr. Jolomi Itsekure stood in for Itsekiri Oil and Gas producing communities, while Hon. Friday Ugedi represented Egbema Kingdom in Delta state.

At the resumed proceeding in the matter on Tuesday, the plaintiffs, through their lawyer, Mr. Egberipou Barakemi, urged the court to dismiss preliminary objections that both President Tinubu and the Attorney-General of the Federation filed to query the competence of the suit.

Their application was challenged by counsel for President Tinubu and the AGF, Mrs. Maimuna Lami Ashiru, even as counsel for the National Assembly, Mr. Umaru Jibril, as well as that of the NDDC and Ebie, Mr. Emmanuel Akumaye, urged the court to dismiss the suit for want of merit.

After all the parties adopted their final briefs of argument, Justice Joyce Abdulmalik adjourned the matter for judgement.

Vanguard News