Human rights lawyer Femi Falana has filed an originating summons before the Federal High Court in Abuja, seeking to have the Niger Delta Development Commission (NDDC) returned to the direct supervision of the President, rather than remaining under the Federal Ministry of Niger Delta Affairs. The suit, marked FHC/ABJ/CS/111/2023, is brought on behalf of the plaintiffs—Incorporated Trustees of Juryman and Myson Nejo. Falana is asking the court to declare that the Ministry of Niger Delta Affairs does not possess the authority to oversee the operations of the NDDC.
The defendants in this case include the Minister of Niger Delta Affairs, Umana Umana; the President of the Federal Republic of Nigeria; and the Attorney-General of the Federation. Falana has presented four key issues for the court’s determination, one of which questions whether, upon careful consideration and proper interpretation of Sections 7(3), 9(2), 17, 18, 19, 20, 21, and 23 of the Niger Delta Development Commission (Establishment Etc.) Act 2000, the first defendant (Umana) can unilaterally assume a supervisory role over the NDDC.
In addition to this, Falana is seeking eight specific reliefs, including a perpetual injunction that would prevent the Minister of Niger Delta Affairs, along with his agents and associates, from claiming the title of supervising minister of the NDDC. The injunction would also prohibit them from performing any functions or exercising powers associated with the second defendant under the relevant sections of the NDDC Act. The plaintiffs are further requesting a declaration that the President’s alleged transfer and delegation of his functions to the Ministry of Niger Delta Affairs is invalid. It is noteworthy that the NDDC was previously under the direct oversight of the Presidency through the Office of the Secretary to the Government of the Federation before being moved to the Federal Ministry of Niger Delta Affairs a few years ago.
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