Justice James Omotosho of the Federal High Court in Abuja has dismissed a lawsuit challenging the appointments of the current Managing Director and Executive Directors of the Niger Delta Development Commission (NDDC) by President Bola Tinubu.
The judge ruled that the suit lacked merit.
The plaintiffs, represented by lawyer Okere Nnamdi, sought a court order compelling President Tinubu to withdraw the nominations of Dr. Samuel Ogbuku, Boma Iyaye, Victor Antai, and Ifedayo Abegunde as the NDDC’s Managing Director and Executive Directors.
They argued that the President should appoint individuals from Imo, Cross River, and Edo States—oil-producing communities they claimed had not previously held such positions—in line with Section 12(1) of the NDDC Act.
The applicants alleged that appointments to the NDDC’s management had historically favored certain oil-producing states over others, violating the provisions of the law.
They also sought a declaration that Sections 4 and 12(1) of the NDDC Establishment Act were mandatory in appointing the Commission’s Chairman, Managing Director, and Executive Directors.
According to the plaintiffs, Section 4 requires the Chairmanship of the Commission to rotate alphabetically among the nine member states, while Section 12(1) mandates that the Managing Director and Executive Directors must be indigenes of oil-producing areas, based on the volume of oil production in each state.
Nnamdi urged the court to address these alleged anomalies in the appointments.
However, the NDDC’s legal team opposed the suit, arguing that the plaintiffs lacked the locus standi (legal right) to bring the case forward.
The NDDC maintained that Section 12(1) of the NDDC Act provides for “adequate representation,” and this had always been observed in the Commission’s appointments.
The Commission argued that only the governors of oil-producing states could make such complaints, as they are recognized representatives of their citizens.
The other defendants submitted that only state governors, through their Attorneys General, are in a proper position to sue the NDDC over any alleged infractions.
Delivering his judgment, Justice Omotosho held that the proper party to initiate the case was the Attorney General of the state, being the chief law officer empowered to sue on behalf of the state or appoint a private lawyer to do so.
The plaintiffs have no right to litigate a matter of public interest where the Attorney General is available and not complaining,” the judge said, highlighting that the applicants lacked legal standing.
Justice Omotosho further stated that the plaintiffs failed to prove their claims, adding that they ought to have shown the quantum of oil produced in each of the oil-producing states.
The judge noted that the plaintiffs also did not provide evidence of the manner and status of appointments into NDDC management positions since the Commission’s inception to substantiate their claims.
This is simply an assertion without proof. This court is handicapped in going to the merits of this case,” he said.
The judge held that the suit was consequently dismissed.
President Bola Tinubu had in 2023, appointed a new Board and Management for the NDDC.