By Adekunle Adekoya

FOR the umpteenth time, the Federal Government, currently led by President Muhammadu Buhari has committed yet another infraction against the law. Last Wednesday, the President caused the inauguration of the board of the Niger Delta Development Commission, NDDC.

No problem with that, inaugurations of such nature are routine government events. What is making me, and I guess, millions of other Nigerians who believe in the rule of law, feel bad about this is that it was done in flagrant disregard of an existing court order. For those following the matter, it should be noted that the National Assembly, a body of people making laws supposedly for the good of the polity, is also complicit in this illegality.

It will be recalled that on December 16, 2022, a Federal High Court sitting in Abuja granted an order stopping the National Assembly from screening and confirming the nomination of Ms Lauretta Onochie and Chief Samuel Ogbuku, who had been nominated respectively by the Buhari administration to be screened and confirmed as chairman and Managing Director of the Niger Delta Development Commission.

The presiding judge, Justice J. K. Omotosho, instructed that all actions on the matter be suspended pending determination of the suit. The originating summons marked FHC/ABJ/CS/2294/2022 sought a restraining order on the National Assembly from screening and confirming Onochie and Egbuku. The plaintiffs are Chief Edward Ekpokpo Esq., and Victor Wood, representing the Itsekiri Leaders of Thought and Mr Edward Omagbemi who is presenting Omadino Unity Forum, on behalf of the Itsekiri ethnic nationality, and are challenging the nomination on the grounds that it is the turn of the Itsekiri nationality to occupy the positions.

The first to sixth defendants in the suit are President Muhammadu Buhari, Attorney-General and Minister of Justice, Abubakar Malami; Senate President, Ahmad Lawan; the House of Senate, Mrs Lauretta Onochie and Chief Samuel Ogbuku.

On December 19, 2022, the Senate rode roughshod over the court ruling, screened and confirmed the nomination of NDDC board nominees, an illegality that the Presidency relied on to inaugurate the board. The question is: Why ignore a court ruling on the matter? Should the Senate have done this? Should the Presidency also compound the illegality by going ahead to inaugurate the board? If NDDC had waited nearly four years, with many interim administrators in between, surely it can wait till the matter was judiciously resolved?

What should be noted by all and sundry is that the matter was adjourned to January 11, 2023, for further hearing, but by January 4, seven days ahead of the hearing, government inaugurated the NDDC board. In his ruling, Justice J. K. Omotosho, also declared, among others:

“That leave is hereby granted to the plaintiffs to serve the 5th and 6th defendants with the originating processes in this suit by substituted means to wit by advertising the processes in at least one national newspaper circulating within the jurisdiction of this to court and to deem the same as proper service.

“That an order is hereby made that no party in this suit shall take any step or act or action that may make the outcome of the pending motion on notice for injunction dated and filed December 12, 2022, nugatory.

“That any act or step or action taken in this order to make the outcome of the said motion on notice dated and filed December 12, 2022, nugatory shall be a nullity.”

In any case, this Federal Government seems to thrive on illegalities, especially when it comes to obeying or disobeying court orders, as is evident with persons detained by security agencies who secured court orders for their release. 

Now that the board has been inaugurated, it will move to take charge at NDDC and begin work. What will the Federal Government do, if on January 11, the court rules that the board be sacked and the process of constituting the NDDC board begins afresh? In fact, what will the nominees, railroaded into office by government, do as individuals if they have to vacate office in deference to a court order, just after a few days?

In whose interest did the Senate ignore a court ruling to screen and confirm the NDDC nominees? In whose interest did the Federal Government go ahead to inaugurate the board, in disobedience of the court order? Certainly not in our best interest, whether from the Niger Delta or not.

Methinks, as Nigerians, our better foot has not been put forward in this case. I am of the opinion that all encumbrances, legal or otherwise should have been disposed off through due process so that the new NDDC board can take off, untrammeled by any distractions. And that seems not to have been the case here.