Justice James Omotosho of the Federal High Court, Abuja, has dismissed a lawsuit seeking to annul the appointments of the Niger Delta Development Commission (NDDC) Managing Director and Executive Directors by President Bola Tinubu. The court ruled the case lacked merit and was filed without proper legal standing.
The plaintiffs, represented by Okere Nnamdi, had argued that President Tinubu’s appointments of Dr. Samuel Ogbuku, Boma Iyaye, Victor Antai, and Ifedayo Abegunde violated Sections 4 and 12(1) of the NDDC Act. They demanded that individuals from oil-producing communities in Imo, Cross River, and Edo states, which they claimed had been overlooked, be considered for the roles.
The plaintiffs cited the NDDC Act’s provisions that appointments to key positions should rotate alphabetically among the nine member states and reflect the quantum of oil production. They also alleged persistent imbalance in NDDC appointments since its establishment.
However, the NDDC’s legal team argued that the plaintiffs lacked the legal authority (locus standi) to sue. They maintained that Section 12(1) of the NDDC Act ensures adequate representation, which had been adhered to, and that only state governors or their Attorneys General could initiate such lawsuits.
In his ruling, Justice Omotosho affirmed that the case should have been brought forward by state Attorneys General as representatives of their states. The judge also noted the plaintiffs failed to provide evidence to substantiate their claims, such as details on oil production or historical appointment records.
“This is simply an assertion without proof. The court cannot proceed to the merits of this case,” Justice Omotosho stated, concluding that the case was baseless and dismissing it accordingly.
President Tinubu had constituted the new NDDC Board and Management in 2023.
