The lawyer explained that Abegunde’s appointment is illegal and a breach of some vital provisions of the Niger Delta Development Commission (Establishment) Act 2023.
A Nigerian legal practitioner, Myson Nejo Adeyemi, has written to the country’s president, Bola TInubu to immediately revoke the appointment and inclusion of Hon. Ifedayo Abegunde as the Executive Director, Corporate Affairs on the board of the Niger Delta Development Commission (NDDC).
In a letter addressed to the president’s office dated 10th of October, 2023, the lawyer explained that Abegunde’s appointment is illegal and a breach of some vital provisions of the Niger Delta Development Commission (Establishment) Act 2023.
The lawyer also demanded that the President should revoke the appointment of Chief Samuel Ogbuku, an indigene of Bayelsa State as the Managing Director of the NDDC because people from Bayelsa had previously occupied the position.
The statement reads: “Upon Your Excellency’s assumption of office as the President of the Federal Republic of Nigeria, you ‘deemed it fit to dissolve the Board of the Niger Delta Development Commission (NDDC) to enable the proper re-constitution Of ‘the- Board in accordance with the provisions of the Niger Delta Development Commission (Establishment) Act 2023 As amended.
“In re-constituting the Board of the Commission however, Your Excellency submitted the name of one Hon. Ifedayo Abegunde a.k.a. Abena who is an indigene of Akure South Local Government of Ondo State to the Senate for screening and confirmation as Executive Director of Corporate Affairs of the Commission.
“It is very important to bring to your cognizance that Hon. Abegunde’s nomination to the board of the NDDC violates the clear provisions of section 12 (1) of the Niger-Delta Development Commission (Establishment, Etc.) (Amendment) Act 2023 which provides that the membership of the Board of the Niger Delta Development Commission shall be composed of persons from the oil producing areas of member states. Although a citizen of Nigeria from Ondo State, Hon. Abegunde is not an indigene of an oil-producing area in Ondo State. This statutory disqualification renders his nomination a non-starter and indeed, a nullity and void in law.
“May I with respect invite Your Excellency’s attention to the provisions of section 12(1) of the Niger Delta Development Commission Act 2023.
“There shall be for the Commission, a Managing Director, and three Executive Directors who shall be indigenes of oil producing areas starting with the member states of the Commission with the highest production quantum of oil and shall rotate amongst member states in the order of production.”
“Arising from the effect of the above statutory provision, the law as it stands today is that the nomination of Hon. Abegunde who is statutorily disentitled (per the NDDC Act) to represent Ondo State as a member of the Board of the Commission is an act of illegality which I hereby urge Your Excellency to review.
“Upon the nomination of Hon. Ifedayo Abegunde being brought to the public domain, I immediately instituted a public interest action before the Federal High Court challenging the legality of the purported nomination in Suit No: FHC/ABJ/CS/1217/2023: Between Mysore Adeyemi Nejo v. President of the Federal Republic of Nigeria & Ors. The Originating processes are hereto attached and marked as Annexure 1.It is thus clear that the legality or otherwise of the purported nomination of Hon. Abegunde is now a subject of judicial determination and it will be antithetical to the rule of law to take steps that would undermine the powers of the courts on this issue.
“The need to restate the rotation principle on the appointment of the Managing Director of the Commission. Appointment to the office of the Managing Director of the Commission is based on rotation among the member states of the Commission in the order of crude oil production quantum. This is as espoused in section 12 (1) of the NDDC Act. The effect of the rotation principle is that the position of the Managing Director of the Commission shall rotate among all the member states of the Commission in the order of production quantum.
“Since the establishment of the Commission, some member States have had their turn in occupying the position of the Managing Director of the Commission and those states are Akwa-Ibom, Delta, Rivers and Bayelsa States. Some of these states had used and exhausted their entitlement to occupy the position of the Managing Director of NDDC.
“In particular, Bayelsa State, represented by Chief Timi Alaibe occupied the position of the Managing Director of NDDC between the year 2005-2a 09.
“Upon the constitution of the Board by former President Muhammadu Buhari in January 2023, an indigene of the same Bayelsa State in the person of Chief Samuel Ogbuku was erroneously nominated and confirmed as the Managing Director of the Commission for a term of two years purportedly to complete the tenure of Chief Timi Alaibe who had occupied the position For period of four years between the year 2005 – 2009 and had exhausted the slot of Bayelsa State.
“Surprisingly; Chief Samuel Ogbuku from the same Bayelsa State was nominated by Your Excellency as Managing Director of the Commission for another full tenure of four years when the true position is that Bayelsa State had already fully utilized and exhausted its turn to occupy the position of the Managing Director of the NDDC.
“It is my humble position that Bayelsa State is not entitled to occupy the position of the Managing Director of NDDC any longer until all member states have taken their turns in occupying the position of the Managing Director of NDDC. Allowing Bayelsa State to again occupy the position of the Managing Director of NDDC would have the unsavoury consequence of giving Bayelsa State a second bite at the Cherry and shortchanging Ondo State which is the next in turn to occupy the position in line with the principle of rotation enshrined under the NDDC Act.
“Ondo State is next in turn to occupy the position of the Managing Director of NDDC in line with the principle of rotation enshrined in section 12 (1) of the NDDC Act, Ondo State being the 5th largest producer of oil among the member states of the NDDC. Rivers, Delta, Akwa Ibom and Bayelsa have taken their turns at different times.
It is crucial that in constituting the Board of the NDDC, Your Excellency ensures that the rule of law, justice and equity prevails in the appointment of the members of the Board especially the Managing Director of the NDDC.
“PRAYERS – 1. That Your Excellency should stay further action on the proposed inauguration of the Board of the NDDC as currently purportedly constituted until all issues pertaining to the legitimacy of the members of the Board are resolved in line with the provisions of the enabling Act of the Commission and in line with the dictate of the rule of law.
“2. That Your Excellency immediately revokes the nomination of Hon. Ifedayo Abegunde a.k.a Abena, an indigene of Akure South Local Government of Ondo State as Executive Director Corporate Affairs of the Niger Delta Development Commission, his nomination having been made in egregious violation of the provisions of Section 12 (1) of the NDDC Act As Amended 2023 which mandatorily stipulates that only indigenes of oil producing areas of member States of the Commission are entitled to be nominated and/or appointed as Executive Director of the Commission.
“3. That Your Excellency revokes the nomination and/or appointment of Chief Samuel Ogbuku, an indigene of Bayelsa State as the Managing Director of the NDDC. Bayelsa State has already exhausted its turn to occupy the position of Managing Director of NDDC through the tenure of Chief Timi Alaibe who occupied the position for a period of four years between 2005 -2009. It is unjust, inequitable and unfair to allow Chief Samuel Ogbuku from Bayelsa Si-ate to occupy the position in violation of the principle of rot tion enshrined in section 12 (1) of the NDDC Act.
“4. That Your Excellency is urged to nominate al indigene of Ilaje Local Government Area of Ondo State ; the Executive Director Corporate Affairs of the NDDC in compliance with the provisions of section 12 (1) of the NDDC Act which provides that the position of the Executive Director of the Commission shall be occupied only by indigenes of oil producing areas of members states of the NDDC.”
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