‘Imbalance’: Court strikes out suit challenging NDDC appointments by Buhari

A lawsuit against President Muhammadu Buhari challenging alleged imbalance in the nominations to the board of the Niger Delta Development Commission (NDDC) has been struck out by a federal high court in Abuja.

Inyang Ekwo, the presiding judge, struck out the suit on Thursday on the grounds that the plaintiff has no legal rights to have instituted the case.

According to Ekwo, section 2 of the NDDC Act 2000 stipulates that only corporate persons — not private parties like the plaintiff — may file lawsuits over any violations of NDDC-related laws.

In the suit marked FHC/ABJ/CS/1069/2019, Rita Lori-Ogbebor, a businesswoman, sued Buhari, NDDC, the senate, as well as two former board members of the commission — Pius Odubu and Bernard Okumagba — and the attorney-general of the federation (AGF).

Ogbebor, who claimed to be a stakeholder from Itsekiri extraction area, had prayed the court to invoke sections 4 and 12 of the NDDC Act and order President Buhari to appoint an indigene of an oil-producing area of Delta state as chairperson in specific compliance with section 4.

The plaintiff also prayed for another order compelling Buhari to appoint an Itsekiri indigene from an oil-producing area of Delta state as the managing director of the NDDC.

She also requested that the court declare that Buhari is required by law to abide by all regulations governing nominations to the NDDC.

Giving judgment, Ekwo held that if those empowered by law to challenge infractions in the NDDC appointments refuse or neglect to act, then they do not consider it material infraction or infraction at all.

“The consequence of lack of locus standi is dire and the courts have been unwavering in making pronouncements on it,” he said.

“It is the law that the claims must be struck out when a plaintiff is found to be lacking locus standi. 

“I am bound to follow the law, and I hereby make an order striking out the case of the plaintiff.”