The case, which was filed on Wednesday with suit no: FHC/ABJ/CS/349/2020, also has the Minister of Niger Delta Affairs, Godswill Akpabio, the NDDC and the Ag. Managing Director and head of the Interim Management Committee of the NDDC, Prof Kemebradikumo Daniel Pondei, as 4th, 5th and 6th defendants respectively.
A Lagos-based lawyer and human rights activist, Mr Inibehe Effiong, has dragged President Muhammadu Buhari, Attorney-General of the Federation, Abubakar Malami (SAN), and the National Assembly before the Federal High Court in Abuja over the President’s ‘illegal’ submission of the 2019 and 2020 budget estimates of the Niger Delta Development Commission in the absence of the governing board of the NDDC.
The case, which was filed on Wednesday with suit no: FHC/ABJ/CS/349/2020, also has the Minister of Niger Delta Affairs, Godswill Akpabio, the NDDC and the Ag. Managing Director and head of the Interim Management Committee of the NDDC, Prof Kemebradikumo Daniel Pondei, as 4th, 5th and 6th defendants respectively.
Effiong in his originating summons asked the court to determine the following four questions: “Whether by the provisions of Section 18 (1) of the Niger Delta Development Commission (Establishment etc.) Act, 2000, the President of the Federal Republic of Nigeria can validly submit estimates of expenditure and income (budget estimates) of the Niger Delta Development Commission to the National Assembly without and/or in the absence of the governing board of the commission.
“Whether the 2019 and 2020 estimates of expenditure of the Niger Delta Development Commission is not ultra vires, illegal, invalid, null and void having been submitted to the National Assembly by the President without and/or in the absence of the governing Board of the Niger Delta Development Commission in view of the express provisions of Section 18 (1) of the Niger Delta Development Commission (Establishment etc.), 2000.
“Whether the Interim Management Committee appointed by the President of the Federal Republic of Nigeria to manage and supervise the affairs of the Nigeria Delta Development Commission, can legally exercise the power exclusively vested in the governing Board of the Commission, including entering into contracts and expenditure of the funds of the Commission, in view of the express provisions of Sections 8 and 14 (3) of the Niger Delta Development Commission (Establishment etc.), 2000.
“Whether the existence and inauguration of the governing Board of the Niger Delta Development Commission is a condition precedent to the inauguration of the Niger Delta Development Advisory Committee; a body statutorily charged with the responsibility of advising the governing Board and monitoring the activities of the Commission in view of the provisions of Section 11 (2) of the Niger Delta Development Commission (Establishment, etc.) Act 2000.”
In his 40-paragraph affidavit with eight exhibits attached, Effiong stated that President Buhari dissolved the extant board of the NDDC headed by Senator Victor Ndoma-Egba in January 2019 and appointed an Interim Management Body to manage the affairs of the NDDC.
He stated that Buhari in October 2019 wrote to the Senate seeking the confirmation of a new 16 member governing Board which has Dr Pius Odubu from Edo State as chairman, which was approved by the Senate.
Effiong deposed that despite the approval of the governing board by the Senate, Buhari unilaterally suspended the inauguration of the board and continued to retain the Interim Management Committee now headed by Prof Pondei.
According to the lawyer, in contravention of the earlier Senate resolution, the Senate Committee on Niger Delta Affairs recognised the Interim Management Committee while considering the 2019 budget of the NDDC on February 12, 2020 and allowed the said Interim Management Committee to defend the 2019 budget and that on March 4 and 5, 2020 the House of Representatives and the Senate respectively considered and passed the 2019 budget estimates of the NDDC without and/or in the absence of the governing board of the commission.
He also deposed that the National Assembly is currently considering the 2020 budget estimates of the NDDC without and/or in the absence of the governing board.
In his written address, the Lagos lawyer argued that the power to submit estimates of the expenditure and income of the commission is statutorily vested in the governing board of the NDDC and not the President.
No date has been assigned for the hearing of the case.