NDDC appointment: Court strikes out suit against Buhari

By Vivian Okejeme, Abuja

A Federal High Court, Abuja, has struck out a suit filed against President Muhammadu Buhari challenging an alleged lopsidedness in the appointment into the Niger Delta Development Commission (NDDC).

Justice Inyang Ekwo held that the suit by an Abuja-based businesswoman and NDDC stakeholder Chief Mrs Rita Lori Ogbebor, has no legal rights to have instituted the case. She has no locus standi to file the case.

The judgement maintained that  section 2 of the NDDC Act 2000, was so specific that any legal action on any infraction in matters relating to NDDC can only be instituted by corporate persons and not individuals like the plaintiff.

The Judge held that the law was clear that the power to file any case to challenge infractions in the NDDC can not be delegated by proxy to anybody.

In the suit marked FHC/ABJ/CS/1069/2019, Mrs Ogbebor who claimed to be a stakeholder from Itsekiri extraction, mentioned President Muhammadu Buhari, NDDC, Senate, Dr Pius Odubu, Olorogun Bernard Okumagba, and the Attorney General of the Federation as respondents in the matter.

In her brief of argument, she prayed the court to invoke Section 4 and 12 of the NDDC Act to order President Buhari to appoint indigenes of oil-producing areas of Delta State as Chairman, in specific compliance with section 4.

She further asked the court for an  order compelling Buhari to appoint Itsekiri indigene from oil-producing areas of Delta State as the Managing Director of the NDDC.

Therefore, she asked that the Court make declaration that Buhari is under legal obligation to comply with all laws relating to appointments in the NDDC.

Responding, the defendants in the matter, filed a preliminary objections challenging the legal right of the plaintiff to have instituted the action.

In thier submissions, they posited that section 2 of the NDDC act is so specific that only corporate persons can institute action where infractions occur.

In his judgment, Justice Ekwo upheld the preliminary objections of the defendants and held that the plaintiff lacked legal right to have brought the case before the court.

Justice Ekwo held that if those empowered by law to challenge infractions in the NDDC appointments, refuse to act then, they do not consider it material infraction or infraction at all.

“The consequence of lack of locus standi is dire and the courts have been unwavering in making pronouncements on it. It is the law that the claim must be struck out when a plaintiff is found to be lacking locus standi. I am bound to follow the law, and I hereby make an order striking out the case of the plaintiff”.

Reacting to the judgment, the plaintiff bemoaned the plight of the people of Itsekiri extraction and vowed that the case will be pursued up to the Supreme Court level. 

Plaintiff further said that she would stand by legal action only and would not encourage violence because she does not believe in anything violent.