Court Dismisses Suit Challenging Tinubu’s Appointment Of Ebie As NDDC Chairman

Justice Joyce Abdulmalik declined to sack Ebie as prayed by the communities, which approached the court seeking a nullification of his appointment by President Bola Tinubu.

In the suit, the plaintiffs argued that Ebie was not qualified to head the Board of the NDDC since he was not from the oil-producing area with the highest quantum of oil production.

They insisted that the appointment was in breach of extant provisions of the NDDC Act, and the plaintiffs prayed for the court to intervene in the matter.

Aside from President Tinubu, other Respondents in the case were the Senate President, the Attorney-General of the Federation, the NDDC, and Ebie himself.

The communities told the court that though the 5th Respondent, Ebie, is from an oil-producing community, however, “the oil produced therefrom is insufficient, thus by the provisions of the law, he is unqualified for appointment as the Chairman of the 4th defendant’s board (NDDC).”

But, delivering judgement, Justice Abdulmalki held that given Section 24(2) of the NDDC Act, the plaintiffs had no locus standi to institute the case.

She held that the plaintiffs failed to institute the action within three-month window after President Tinubu made the appointment, as prescribed by the law, explaining that while Ebie was appointed to head the NDDC on August 29, 2023, the plaintiffs filed the suit on January 11, 2024, in contravention of sections 24(1) and (2) of the NDDC Act.

The section read, “Notwithstanding anything contained in any other law or enactment, no suit shall lie against any member of the Board, the Managing Director, or any other officer or employee of the Commission for any act done in pursuance or execution of this Act or any other law or enactment, or of any public duty or authority or in respect of any alleged neglect or default in the execution of this Act or such law or enactment, duty or authority, shall lie or be instituted in any court.”

It is on this premise that the court dismissed the suit in its entirety.

Reacting to the judgement, Ebie described the ruling as well-considered, intelligently delivered, and courageously sound.

“By the ruling, the judiciary has once again proved that justice is never lacking in the Temple of Justice,” he said expressing delight that the ruling has finally laid to rest what he called every ambiguity, innuendo, half-truth, and misrepresentation of facts surrounding the provisions of NDDC Act on appointments.

In a statement issued by his Media Assistant, Jerome Utomi, Ebie noted that the judgment was a resounding watershed and underscored President Tinubu as a foresighted leader reputed for acting in total compliance with extant laws when it comes to appointments into public office.

He said, “The judgement is remarkable and will further spur my dedication in leadership to make invaluable contributions to the development of the region and I congratulate all Niger Deltans on the verdict.

“Looking at the level of peace and harmony that has existed among members of the governing board and management, I am confident that we will continue to excel and reach new heights of excellent quality service delivery to the region and its people,” he stated.

“I call on all Niger Deltans to shun all forms of distractions through frivolous litigations that distract the Commission’s governing board and management and, in its place, imbibe the virtues of commitment and other positive attributes needed for fostering peace and unity, promoting innovation for impactful strides for advancing development of the region,” he added.