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An Abuja-based lawyer, Oladimeji Felix, Ekengba has dragged President Muhammadu Buhari, Lawyer Basic of the Federation (AGF), and Minister of Niger Delta Affairs earlier than a Federal Excessive Court docket in Abuja, difficult their alleged illegal interference within the operations of the Niger Delta Improvement Fee (NDDC).
On the heart of the alleged undue interference within the swimsuit is the Minister of Niger Delta Affairs, Mr Umana Umana, is alleged to have unlawfully assumed the place of the Managing Director (MD) of the NDDC within the operating of the affairs of the fee opposite to the positions of the regulation.
Within the swimsuit marked: FHC/ABJ/CS/1458/2022, plaintiff, who’s an indigene of Imo State is praying for an order of the Court docket restraining the defendants from additional interfering within the actions of the fee.
Particularly, the plaintiff needs the courtroom to bar Umana from additional performing as NDDC’s MD or interfering with NDDC’s operations since he has no energy underneath any regulation to take action.
Plaintiff within the swimsuit filed by himself is searching for a declaration that by advantage of Part 4 of the 1999 Structure and Part 2 of the NDDC’s Act, 2000, the Minister of Niger Delta Affairs, Ministry of Niger Delta Affairs and the Everlasting Secretary of the Ministry not being a part of the individuals talked about in Part 2 of the NDDC’s Act can’t intrude or usurp the powers of the board and administration of the fee with out an modification to the NDDC’s Act by the Nationwide Meeting.
Ekengba additionally utilized for a declaration that the interference and intervention of the Niger Delta Minister, the Ministry, and the Everlasting Secretary within the affairs of the fee is opposite and in breach of Part 4 of the 1999 Structure and Part 2 of the NDDC’s Act and that any purported acts finished by them are unconstitutional, unlawful, null and void and ought to be put aside.
The swimsuit instituted on August 19, 2022, by the plaintiff additionally sought an order of perpetual injunction restraining the Minister of Niger Delta Affairs, the Ministry, and the Everlasting Secretary of the Ministry from interfering, usurping, controlling, or issuing directives to the administration and employees and intervening within the affairs of the fee.
The plaintiff, who claimed to be an environmental rights activist and a authorized practitioner in addition to an indigene asserted that he’s being affected by the alleged illegal interference of the Minister within the operations of the fee.
He additional claimed that Buhari as Nigeria’ s President, who swore to uphold the provisions and tenets of the 1999 Structure, is underneath obligation to make sure the enforcement and compliance with all Acts of the Nationwide Meeting, together with that of the NDDC.
He additional averred that the Minster of Niger affairs is aiding and abetting the President in breaching the clear and extant provisions of the 1999 Structure by searching for to intrude or usurp the powers of the board and administration of the NDDC opposite to Part 4 of the 1999 Structure and Part 2 of the NDDC’s Act.
Plaintiff asserted that Buhari by an administrative fiat allegedly amended the provisions of Part 2 of the NDDC’s Act by appointing the Niger Delta Minister, Niger Delta Ministry and Everlasting Secretary of the Ministry as governing board members of the NDDC with out amending the regulation to accommodate them.
He alleged that in finishing up the unconstitutional fiat, the Minister, Ministry and Everlasting Secretary wrote a letter to the NDDC searching for to intrude and usurp the powers of the board on August 8, 2022 by requesting for personnel audit and bio-data of the fee.
In the meantime no date has been mounted for the listening to of the swimsuit.
Talking with journalists, the plaintiff denied being sponsored to institute the case by anyone or a gaggle.
He added that as an indigene of Imo State and a authorized practitioner, he owes it an obligation to make sure that the structure shouldn’t be breached by anyone.
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