The Federal High Court in Abuja has ruled against a lawsuit seeking the removal of Chiedu Ebie as Chairman of the Niger Delta Development Commission (NDDC).
In a decision delivered on Thursday, Justice Joyce Abdulmalik dismissed the suit filed by oil-producing communities from Bayelsa and Delta states, who challenged Ebie’s appointment by President Bola Tinubu.
The plaintiffs argued that Ebie, appointed on August 29, 2023, was ineligible for the role, asserting that he did not represent the area with the highest oil production in the Niger Delta, as mandated by the NDDC Act. They contended that this violation rendered his appointment unlawful.
However, Justice Abdulmalik ruled that the case was statute-barred, stating that the plaintiffs failed to initiate their lawsuit within the legally required three-month period following Ebie’s appointment. The court noted that while Ebie was appointed in late August, the suit was filed on January 11, 2024.
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“The plaintiffs did not comply with the provisions of section 24(1) and (2) of the NDDC Act,” Justice Abdulmalik stated, emphasizing that their action was not properly commenced as they neglected to seek leave for a judicial review of the appointment.
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The defendants in the case included President Tinubu, the Attorney-General of the Federation, the NDDC, and Ebie himself. They all contested the suit’s merits, with legal representatives arguing that it lacked foundation due to the procedural deficiencies outlined by the court.
In her judgment, Justice Abdulmalik concluded that all issues raised by the plaintiffs had become academic due to their failure to adhere to legal protocols, ultimately leading to the dismissal of the suit.
