Court Ruled In The Case That Prevented Buhari From Handing Over Control Of The NDDC

Muhammadu Buhari

A Federal Supreme Court in Abuja on Wednesday rejected an action preventing President Muhammadu Buhari from handing control of the Niger Delta Development Commission (NDDC) to the Minister in charge of Nigerien Delta Affairs. 

Judge James Omotosho, in a ruling, dismissed the case as having no basis.

Judge Omotosho held that Section 23 of the NDDC (Establishment) Act gave the President the power to give orders to the commission and that the commission would be bound by those orders.

He also argued that under Section 7(3) of the Act, the direction and control of the committee was entirely within the control of the President.

According to him, this means that the first defendant (the chairman) can override the powers and functions of the committee. The judge said the provision gave the president more powers to oversee the committee's management. 

In a letter dated September 2, 2019, the Nigerian News Agency (NAN) reported that President Buhari had delegated his administrative powers to the Minister of Niger Delta Affairs.

The letter stated, among other things, that under Section 7(3) of the NDDC Act, the President had instructed the Commission's board and management to carry out its activities under the supervision of the Ministry.

However, plaintiff and attorney Oradimeji Ekemba has accused the President, the Federal Attorney General, the Minister of Niger Delta Affairs and the Secretary of State as the first and fifth defendants respectively.

Ekemba, who is from Imo, an NDDC member state, said in his letter that the president changed the commission's law while clarifying the facts leading up to the incident. He argued that despite the clear provisions of the NDDC Act, President Buhari has issued an Executive Order "without altering its intent to appoint third to fifth defendants to the Board of the NDDC without changing the Commission Act." We have amended the provisions of Article 2." 

He said that the 3rd to 5th defendants who had fulfilled the unconstitutional order sent a letter to the NDDC on August 8, 2022, intervening in the board of directors to usurp powers and ask them to review personnel and entrust biometric data. said he requested.

He said that the third to fifth defendants, through the Minister (third defendant), had set up a committee for comprehensive personnel review of the Commission and notified the Commission's management of this.

The lawyer then holds that the Minister, Department or Secretary of State interferes, embezzles, controls or directs the Commission, staff or employees in violation of section 4 and interferes in the affairs of the Commission. I prayed for an injunction against it. Provisions of the Constitution and Article 2 of the NDDC Act.

However, in a joint preliminary appeal filed with the court, President Buhari, the AGF, Abubakar Malami and SAN disagreed with Ekemba's opinion.

They claimed that the administration and control of the NDDC rests with the president.

They argued for lack of jurisdiction for failing to file an affidavit declaring that the plaintiff was ineligible to file a complaint and that multiple claims as required by the rules of the court did not exist. motioned to dismiss the complaint.

In addition, Defendants 3 and 5 have also filed affidavits with the court seeking to stay the case. Judge Omotosho ruled that the valid part of Buhari's letter made it clear that the president's intention was not to change the law, but to delegate powers to ministers acting on his behalf.

"However, the 3rd defendant cannot go beyond the statutory powers of the 1st defendant.

"Delegation of powers implies the transmission of powers to another authority or person," he said.

According to the judge, the court had the impression that MPs intended the commission to subordinate to the president as an intervention authority through the provisions of Sections 7(3) and 23 of the NDDC Act. It is said that there is

He disagreed with Mr. Ekemba's opinion that the president's letter was tantamount to an executive order amending the provisions of the Commission Act. 

"Only the National Assembly can make and amend statutes and not the President.

"In this case, the President simply exercised his powers of delegation by putting the 3rd defendant in charge of supervision and management of the commission.

"Also, to put the supervision of the commission under the Ministry of Niger Delta Affairs, this to the court does not amount to amendment or usurpation of the powers of the board of the commission.

"Executive powers are vested in the President of the Federal Republic of Nigeria and in exercising those powers can delegate the same to the Vice President, Ministers or officers in the public service of the Federation under Sections 5 (1) & (2) and 148 (1) of the 1999 Constitution," he said.

Therefore, the judge dismissed the action as without merit.