Court dismisses suit against Tinubu

The Federal High Court in Abuja, on Thursday, dismissed a suit filed against President Bola Tinubu and others over the appointment of Chiedu Ebie as Chairman, Niger Delta Development Commission (NDDC).

The News Agency of Nigeria (NAN) reports that others joined in the suit were the Senate President, the Attorney-General of the Federation, the NDDC and Mr Ebie himself.

The judge, Joyce Abdulmalik, in a judgement, dismissed the suit on the grounds that the case of the plaintiffs had become statute barred.

Ms Abdulmalik held that the plaintiffs failed to institute the action within three months after President Tinubu made the appointment as prescribed by the law.

The court noted that while Mr Ebie was appointed to head the NDDC on 29 August 2023, the plaintiffs filed the suit on 11 January, stressing that sections 24(1) and (2) of the NDDC Act placed a time limit on the litigants.

The judge, who declined to sack Mr Ebie, also held that the suit was not properly commenced as the plaintiffs failed to seek the leave of the court to apply for a judicial review of President Tinubu’s action.

The court held that since the suit was not properly initiated, it, therefore, lacked the requisite jurisdiction to grant any of the prayers sought by the plaintiffs.

She, consequently, dismissed the suit and held that all the issues that were raised by the plaintiffs had become academic.

NAN reports that the suit marked: FHC/ABJ/CS/28/2024 was instituted by oil producing communities in Bayelsa and Delta states.

The communities had approached the court to nullify what they termed as President Tinubu’s illegal appointment in the NDDC.

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

The plaintiffs, who prayed the court to intervene in the matter, insisted that the appointment was in breach of relevant provisions of the NDDC Act,

The communities told the court that though Mr Ebie, sued as the fifth defendant, is from an oil producing community, “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).”

The suit was initially brought before the court by three oil producing communities in Ekeremor Local Government Area of Bayelsa – Bisangbene, Agge and Amatu1- through their leaders, Goodnews Gereghewei, Eddy Brayei and Jonah Engineyouwei.

However, some Delta State communities later applied [to join as plaintiffs in the matter and their request was granted.

While Jerry Mulade-Aroh represented Gbaramatu Kingdom, Jolomi Itsekure stood in for Itsekiri Oil and Gas Producing Communities, and Friday Ugedi represented Egbema Kingdom in Delta State.

President Tinubu and the AGF had, through their lawyer, Maimuna Lami-Ashiru, challenged the competence of the suit.

Likewise, the lawyer to the National Assembly, Umaru Jibril, as well as that of the NDDC and Mr Ebie, Emmanuel Akumaye, urged the court to dismiss the suit for want of merit.

Reacting to the judgement, the NDDC Chairman, Mr Ebie, described it as “well-considered, intelligently delivered and courageously sound.”

According to him, by the ruling, the judiciary has once again proved that justice is never lacking in the temple of justice.

“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,” he said.

(NAN)