According to the group, the Act that set up the North-East Development Commission (NEDC) has been violated in the reconstitution and/or appointments of members of its governing board.
A group, Northern Youth Right Protection has petitioned the Senate President against the alleged violation of the North-East Development Commission Establishment Act, 2017.
According to the group, the Act that set up the North-East Development Commission (NEDC) has been violated in the reconstitution and/or appointments of members of its governing board.
The NEDC was established in 2017 after the Bill establishing the Commission was passed. It was signed as an Act on October 25, 2017.
According to the NYRP in its petition dated July 20, 2023, the reappointment of General Paul Tarfa (Rtd) as the Chairman of the Board of the Commission is “inconsistent with Section 5 and Second Schedule of the Act establishing the NEDC. Therefore, this ‘reappointment’ stands wasted and of no effect whatsoever”.
On Wednesday, July 19, 2023, Senate President Godswill Akpabio read a letter from President Bola Tinubu, seeking the confirmation of the appointed members of the Governing Board of the NEDC.
According to the group, ‘Section 5, subsection (b)’ mentioned by President Tinubu in this said communication, and read by Akpabio, “does not exist in the North-East Development Commission Establishment Act 2017”.
“It is appalling that this mighty glitch would occur in the highest echelon of the leadership of our land,” it said.
The petition reads, “Under Part 1 of the North-East Development Commission Establishment Act 2017, Section 5, which provides for the Rotation of Offices of the Commission, clearly states as follows:
"The offices of the Chairman, Managing Director, Executive Director (Administration and Finance), Executive Director (Humanitarian Affairs). Executive Director (Operations) and the member representing the North- East Zone shall rotate amongst the Member States of the Commission in the order set out in the Second Schedule to this Act."
The payers sought in the petition are: “That the distinguished Senate do declare that the letter of President Bola Ahmed Tinubu, here in mention, contain vague information and as well misrepresentation of facts of the law and regulations of the NEDC Establishment Act 2017;
“That the distinguished Senate do declare that any action already taken from the contents of Mr President's letter in mention, stands voided, since the contents of the letter are inconsistent with relevant laws;
“That the distinguished Senate do cease any action, or any further action, regarding the contents of Mr President's letter in mention;
“That, in order not to create an administrative vacuum, and also in order to avoid legal battles and issues connected with the governing and management of the NEDC, the distinguished Senate do declare that the North-East Development Commission remain at its status quo, before the coming of President Bola Ahmed Tinubu's letter, which has been shown here to have no effect, whatsoever.”
According to the group, while a person representing a state in the North-East may be reappointed for a second term, “the person and their state would not occupy the same office in the course of two terms, in respect of the enforcement of the provision of Section 5 and the Second Schedule of the Act”.
It continued, “It is also worthy of note that the intent and spirit of the NEDC Act 2017 spells out a strict rotation of the executive offices amongst North-East states because of the limited lifespan of the Commission; that each of these states would occupy all the executive offices, in turn, during the lifespan of the Commission; hence, it is not in the intent of the draughtsmen of the Act that a single state monopolises any of the executive offices, or holds such for more than a single tenure;
“By the foregoing, the reappointment of Mohammed Goni Alkali to the position of the Managing Director/CEO of the Board of the Commission is inconsistent with Section 5 and Second Schedule of the Art establishing the NEDC, as indicated in 4 and 5, above. Therefore, this "reappointment" stands wasted and of no effect whatsoever;
“The reappointments of both General Paul Tarfa (Rtd) and Mohammed Goni Alkali are only consistent with the Act if they occupy the positions of Executive Director, Operations and Board Member, North-East, respectively.
“The reappointment of Musa Yashi, to represent Bauchi State, to the position of the Executive Director, Humanitarian Affairs, is inconsistent with Section 5 and the Second Schedule of the Act. In the current dispensation, Bauchi State is marked for the position of the Executive Director, Admin & Finance of the Board of the NEDC;
“The appointment of Dr Abubakar Garba Iliya, to represent Yobe State, to the position of the Executive Director, Admin & Finance, is inconsistent with Section 5 and the Second Schedule of the Act. In the current dispensation, Yobe State is marked for the position of the Chairman of the Board of the NEDC;
“The appointment of Ahmed Abdulsalam Yahaya, to represent Gombe State, to the position of the Executive Director, Operations, is inconsistent with Section 5 and the Second Schedule of the Act. In the current dispensation, Gombe State is marked for the position of the Managing Director/CEO of the Board of the NEDC;
“The appointment of Hon Gambo Maikomo, to represent Taraba State, to the position of Member, North-East, is inconsistent with Section 5 and the Second Schedule of the Act. In the current dispensation, Taraba State is marked for the position of the Executive Director, Humanitarian Affairs, of the Board of the NEDC.”
“Kindly note that by the letter of President Bola Ahmed Tinubu citing a non-existent law ("Section 5(b)") means that any action taken from the contents of the letter stands voided and of no effect whatsoever;
“The letter of President Bola Ahmed Tinubu specifying North-East representatives to positions which are inconsistent with provisions of the Act of the NEDC means voided contents and as well voided actions, if any is so taken from the contents of this said letter,” it added.