NDDC: Court Adjourns to July for Hearing on IMC dissolution Case

“For his legacy, which should be on due process and the rule of law, President Buhari should as a matter of urgency take back the NDDC, constitute and inaugurate a new NDDC board. It is needless to state here that you cannot build something on nothing, the same way you cannot build a proper organization on an illegal management”….. Bish Johnson.

 “After eight months in office, the proponents of the forensic audit have never taken off, it has never named the auditors and Niger Deltans and Nigerians are yet to be informed who the auditors are”.

“It is obvious that the Interim Management Committee is not about forensic audit rather it is about who controls the affairs of the Commission”.

 

A Federal High Court, Abuja presided over by Justice I.E. Ekwo has adjourned to 3 July 2020, for hearing in matter for the prohibition and dissolution of the interim management committee of the Niger Delta Development Commission (NDDC).

The matter before Justice I.E. Ekwo is between Comrade Itoldem Daghware, Bishop C. Johnson, Mr Arinterinwa and the Registered Trustees of the Niger Delta Youth Forum as plaintiffs and the Attorney General of the Federation, the National Assembly, the Minister of the Niger Affairs, the Niger Delta Development Commission and the members of the Interim Management Committee as defendants.

The counsel to the plaintiffs, Barr Ode Abah was served with court papers and defense of the Attorney General of the Federation and memorandum of appearances from the Minister of Niger Delta Affairs and the National Assembly.

In the suit, the plaintiffs are seeking an order of Interlocutory Injunction prohibiting the members of the Interim Management Committee from functioning and acting as management of the Niger Delta Development Commission.

This according to the Court, will be pending on the determination of the substantive case which seeks the declaration of the Interim Management Committee of the Niger Delta Development Commission as illegal, null and void, and of no effect.

Bish Johnson, a former United States Army Captain and a native of Ohaji/ Egbema, one of the oil producing communities in Imo State, Comrade Itoldem Daghware of Urhobo oil producing community of Delta State, Mr Arinterinwa Julius of Ilaje  oil producing community in Ondo State and the Registered Trustees of the Niger Delta Youth Forum who are the plaintiffs in the case, had filed  legal suits against the Attorney General of the Federation (AGF), the National Assembly, the Minister of Niger Delta Affairs, the Niger Delta Development Commission (NDDC) and the Interim Management Committee (IMC) of the NDDC alleging marginalization and discrimination, against the people of Imo and Abia States in the constitution of the Interim Management Committee of the NDDC.  

In the suit with number FHC/ABJ/CS/404/2020, Mr. Johnson and his co-litigants alleged systemic discrimination against the Igbos in the constitution of the interim management committee of the NDDC. 

Mr. Johnson stated that the 2000 establishment act of the Niger Delta Development Commission (NDDC) provided for a representative each from the nine Niger Delta states of Abia, Akwa Ibom, Bayelsa, Cross River, Delta, Edo, Imo, Ondo and Rivers.

However, instead of constituting and inaugurating a board, with representation from all nine Niger Delta States, in accordance with the provisions of the 2000 NDDC establishment act, the President was ill-advised and deceived into setting up an Interim Management Committee with members drawn from Akwa Ibom, Bayelsa, Delta, Ondo and Rivers states,, while ensuring that Imo and Abia States, the two  Igbo states of the Southeast zone in the NDDC were strategically excluded from representation in the Interim Management Committee. 

In his words, "common sense and fairness ought to have prevailed here and Akwa Ibom State ought not to have produced any member since the Coordinating Minister, Sen. Godswill Akpabio is from that state. That slot ought to have gone to Imo or Abia State. With the demise of the representative from Akwa Ibom State, Mr. President has an opportunity to right this injustice by ensuring fairness and equity in the representation of the NDDC".

Mr. Johnson, however, continues to question the rationale if not deceit by some powerful politician in the region, in Mr. President not constituting and inaugurating a new NDDC board instead of an Interim body". 

"In the end however, the buck stops on President Muhammadu Buhari’s desk he said. He, the president can decide to take action now by dissolving the Interim Management Committee with immediate effect". 

"For his legacy, which should be on due process and the rule of law, President Buhari should as a matter of urgency take back the NDDC, constitute and inaugurate a new NDDC board. It is needless to state here that you cannot build something on nothing, the same way you cannot build a proper organization on an illegal management. It is a lesson the battle on corruption and abuse of due process has exposed over the last few years. In addition, of all persons, for someone committed to due process and transparency, President Buhari cannot ignore the facts".

"He cannot, and should not, allow this injustice in the NDDC to continue and be the defining attributes of his legacy, let alone define his regard for the people of Imo and Abia States".

Bish Johnson said for his state, Imo, not considered for representation, he has been discriminated against and his right of equal representation violated.

He is asking the court to declare the Interim Management Committee illegal and to compel the President, Muhammadu Buhari to constitute and inaugurate a new board that ensures representation of all nine states of the Niger Delta in accordance with the 2000 NDDC establishment act.

"The interim management committee as was announced was only supposed to exist for six months as it conducts a forensic audit of the accounts of the commission from its inception in 2000 to date", he stated. 

"However, after eight months in office, the proponents of the forensic audit have never taken off, it has never named the auditors and Niger Deltans and Nigerians are yet to be informed who the auditors are, as in the case of PriceWater when it audited the accounts of the Nigerian National Petroleum Corporation (NNPC)".

"It is obvious that the Interim Management Committee is not about forensic audit rather it is about who controls the affairs of the Commission".

"The president and the National Assembly need to rise up and ask questions. What has the IMC done in 8 months except being bedeviled by allegations of corruption?

 

Bishop Johnson is a former US Army Captain, National Commentator, Chairman and CEO, Seabees Security Services and Consulting Nigeria Limited and a Litigant in the above case.