Legal Battle Over Chairman Appointment: Injunctions Sought Against Defendant

In a lawsuit seeking the removal of Mr. Chiedu Ebie, the Chairman of the Board of the Niger Delta Development Commission (NDDC), due to an alleged unlawful appointment, Justice Joyce Abdulmalik of the Federal High Court, Abuja, has set October 31 for the delivery of both a ruling and judgment.

Justice Abdulmalik set aside Tuesday for the ruling and judgment shortly after the parties to the lawsuit accepted their written reasons in support and opposition to the original summons.

Some Niger Delta villages sued President Bola Tinubu, claiming that by designating Ebie as NDDC Chairman, he had violated the NDDC Act. According to the plaintiffs from Bayelsa and Delta States, Ebie was not competent to hold the position because he did not come from “the oil-producing area with the highest quantum of oil production.”

Chief Eddy Brayei, Mr. Jonah Engineyouwei, and Chief Goodnews Gereghewei are among the plaintiffs, representing the communities of Bisangbene, Agge, and Amatu 1 in Ekeremor Local Government Area of Bayelsa State. They sued on behalf of these communities.

The first through fifth respondents in the case are President Tinubu, the Senate President, the Attorney-General of the Federation, the NDDC, and Ebie.

In addition, Friday Ugedi, representing Egbema Kingdom in Delta; Mr. Jolomi Itsekure, representing Itsekiri Oil and Gas producing villages; and Jerry Mulade-Aroh, representing Gbaramatu Kingdom, requested to join the lawsuit as plaintiffs.

During Tuesday’s hearing, the plaintiffs’ counsel, Mr. Egberipou Sotonye Barakemi, urged the court to dismiss the preliminary objection filed by President Tinubu and the Attorney-General of the Federation. He also requested the court dismiss the respondents' cases, stating they lacked merit.

In response, the legal representatives of the President, the Attorney-General, the National Assembly, and the NDDC argued for the dismissal of the case, claiming that the court lacked jurisdiction.

After hearing both sides, Justice Abdulmalik announced that she would deliver a decision on October 31, ruling on both the main lawsuit and the preliminary objections.

The plaintiffs allege that President Tinubu and the National Assembly violated the NDDC Act by appointing Ebie Chiedu as NDDC Board Chairman. They argue that despite being from an oil-producing state, Ebie’s home state was not one of the top oil-producing areas, which disqualified him from holding the position.

In the affidavit supporting the lawsuit, the plaintiffs stated that Ebie's appointment “was done in error and is against the clear provisions of the law.” They further argued that the screening and confirmation of Ebie by the Nigerian Senate were also erroneous.

The plaintiffs are asking the court to decide whether Ebie, being from a state with lower oil production, is qualified to serve as chairman of the NDDC. They also seek clarification on whether the NDDC Act was violated by Ebie’s appointment.

In addition to setting aside Ebie’s appointment, the plaintiffs are seeking orders restraining Ebie from assuming office or acting as chairman. They also requested an injunction preventing the NDDC from recognizing Ebie or allowing him access to its premises.