A Federal High Court in Abuja on Tuesday presided by Justice James Omotosho has dismissed a suit challenging the appointments of the Managing Director and Executive Directors of the Niger Delta Development Commission (NDDC) by President Bola Tinubu.
According to the ruling, the suit lacked merit and the plaintiffs, represented by their lawyer, Okere Kingdom, failed to substantiate their claims.
The plaintiffs had sought to compel President Tinubu to withdraw the nominations of Samuel Ogbuku, Boma Iyaye, Victor Antai, and Ifedayo Abegunde.
They argued that the appointments did not align with Section 12(1) of the NDDC Act, which mandates that the Managing Director and Executive Directors be indigenes of oil-producing areas based on the quantum of oil production.
They further contended that appointments to the NDDC had historically favoured certain oil-producing states, marginalizing others like Imo, Cross River, and Edo States.
The NDDC, represented by its legal team, opposed the application, asserting that the plaintiffs lacked the locus standi (legal right) to file the suit.
It also maintained that the appointments complied with the “adequate representation” requirement of Section 12(1) of the NDDC Act.
Other defendants reinforced this position, stating that state governors are the recognized representatives of their citizens in such matters.
In his judgment, Justice Omotosho agreed with the defendants, ruling that the plaintiffs had no legal standing to bring the case.
The judge noted that the plaintiffs failed to provide evidence of the quantum of oil produced by each state or the history of appointments to the NDDC management.
Judge Omotosho then dismissed the case.
Background
President Bola Tinubu appointed a new Board and Management for the NDDC in 2023, a decision that stirred debates over compliance with the NDDC Act.
The appointments included Samuel Ogbuku as Managing Director and other executives from various oil-producing states.