WHY THOSE ASKING COURT TO DECLARE NDDC-IMC ILLEGAL "II FAIL IN THEIR QUEST ~ CHIEF AYOMIDE

Cieftain of the All Progressive Congress (APC) Chief Gabriel Ayomide has said that those asking Court to declare the Interim Management Committee (IMC) of the Niger Delta Development Commission (NDDC) illegal, null and void as its existence is contrary to the NDDC Act, will be disappointed as the law is very clear in this regard, pointed out that plaintiffs to the suit has also failed to substantiate evidence to establish their case

In suit No FHC/ABJ/CS/ 404/2020 against the Attorney General of the Federation and Minister of Justice  & Others by Comrade Itoldem Daghware, Bishop Chuk Johnson, Julius Akinterinwa and the Registered Trustees of the Niger Delta Youth Forum, are asking court to set aside the constitution of the IMC.

According to the plaintiffs, the setting up of IMC was illegal, unconstitutional and a flagrant abuse of  Section 2,7,9 ,10 and 12(2),(3) of the Niger Delta Development Commission  (Establishment, etc) (Amendment) Act  2017.

They are also saying that the appointment of members of the committee is illegal,  unlawful,  and a flagrant abuse of  the afore-mentioned sections of the  Niger Delta Development Commission (Establishment, etc) (Amendment) Act  2017 and Usurpation of the powers of the Board.

Other reliefs being sought by the plaintiffs include determination as to whether the appointment of the NDDC IMC is not an aberration of the constitutionally defined board/management and administrative checks and accountability as set in the Niger Delta Development Commission (Establishment, Etc) (Amendment) Act  2017.

They also want the court to declare that the appointment of the IMC is null and void, being in flagrant abuse of the establishing Act.

In his response: Chief Ayomide observed that the Constitution and Other Laws: by Virtue of Section 1(3) of the 1999 Constitution FRN as amended remain the Supreme Law of the land, and it provisions are superior to any other law. If there is any inconsistency between the provisions of the constitution and any other law, the provision of the other law is void to the extent of the inconsistency. 

Going further, he pointed out the case of Abacha vs Fawehinmi (2000) 6 NWLR  pt 660 at 228. In that case, the court had to determine the position of Decree No. 1 (Constitutional Suspension/Modification Decree), being the grund norm, vis a vis the African Charter on Human and People's Rights, it stated inter alia that The Constitution is superior to any International obligation; also an international obligation does not have any force of law until it is domesticated (I.e enacted into law by the National Assembly) in line with the provision of the Constitution. Therefore, international obligations that have been domesticated has the same status as Federal enactments and thus is inferior to the Constitution.

Chief Ayomide emphasized further that President Mohammed Buhari who directed the Minister of Niger Delta Affairs which the said NDDC is purely under it Ministry supervisions headed by Godswill Akpabio to subsequently inaugurate Interim Management Committee to Oversee the commission during the period of the FORENSIC AUDIT acted inline with section 5(1)(a) by virtue of section 171(1),(2)d is in the right direction valid, lawful, legal and constitutional.

In order to set the record straight and for  a better understanding by stakeholders and members of the general public, the section of the Constitution under reference is hereby reproduced as follows:

171(1) "Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the President.

(2) The offices to which this section applies are, namely:- 

(a) Secretary to the Government of the Federation;

(b) Head of the Service of the Federation;

(c) Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;

(d) Permanent Secretary in any Ministry "(or Head of any Extra-Ministerial Department") of the Government of the Federation howsoever designated; and

(e) any office on the personal staff of the President..."

Even a layman doesn't need a Services of Legal Assistant to understand Sections 171_2(d) which talks about the offices of which the section applies. This includes:

"""Permanent Secretary in any office or Head of any extra Ministerial Department""", of which the NDDC is one of such Extra Ministerial Department purely under the SUPERVISION OF MINISTRY OF NIGER DELTA AFFAIRS.

“By virtue of the above provisions of the FRNC automatically laid to rest the argument of legality, therefore, INTERIM MANAGEMENT COMMITTEE is Valid, Lawful, legal and Constitutional in the right direction.

See also section 148_(1) of the FRNC states,” The President of the Federal Republic of Nigeria, may in his discretion assign to the Vice President or any Minister of the Government of the Federation the  Responsibility of any Business of the Federation including the administration of any Department of Government. 

Again in section 7_(3) of the same NDDC Act have this to says:

""“The Commission shall be subject to the direction, control or supervision in the performance of its functions under this act by the President Commander-in- Chief of the Armed Forces of the Federal Republic of Nigeria""”.

The President of Nigeria by virtue of the FRNC and the NDDC Act can appoint a Sole Administrator or an Interim Management  Team to preside over the affairs of the NDDC, it is his discretion. It happened in 2016 when Ibim Semenitari was acting NDDC managing director, she was acting alone like a Sole Administrator she was there for over one and a half years.  Even  Prof. Nelson Braimbraifa, the last  Managing Director was a three man Management Committee.