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Court Strikes Out Suit Against Buhari On NDDC Appointments

Published

3 years ago

January 19, 2023

A Federal High Court in Abuja on Thursday struck out a suit instituted against President Muhammadu Buhari to challenge an alleged lopsidedness in the appointments into the Board of the Niger Delta Development Commission (NDDC).

The Suit instituted by an Abuja-based businesswoman and NDDC stakeholder, Chief Mrs Rita Lori Ogbebor was struck out by the Court on the grounds that the plaintiff has no legal rights to have instituted the case.

Justice Inyang Ekwo in his judgment held that section 2 of the NDDC Act 2000 was so specific that any legal action on any infraction in matters relating to NDDC can only be instituted by corporate persons and not individuals like the plaintiff.

The Judge held that the law was clear that the power to file any case to challenge infractions in the NDDC can not be delegated by proxy to anybody.

Mrs Ogbebor who claimed to be a stakeholder from Itsekiri extraction had dragged President Buhari, NDDC, Senate, Dr Pius Odubu, Olorogun Bernard Okumagba and the Attorney General of the Federation AGF before the court in the suit marked FHC/ABJ/CS/1069/2019.

The woman activist prayed the court to invoke Sections 4 and 12 of the NDDC Act to order President Buhari to appoint indigenes of oil-producing areas of Delta State as Chairman in specific compliance with section 4.

The plaintiff also prayed for another order compelling Buhari to appoint Itsekiri indigene from oil-producing areas of Delta State as the Managing Director of the NDDC.

She further asked that the Court make a declaration that Buhari is under legal obligation to comply with all laws relating to appointments in the NDDC.

However, the defendants in the suit filed preliminary objections and challenged the legal right of the plaintiff to have instituted the action.

The defendants averred that section 2 of the NDDC Act is so specific that only corporate persons can institute action where infractions occur.

In his judgment, Justice Ekwo upheld the preliminary objections of the defendants and held that the plaintiff lacked the legal right to have brought the case before the court.

Justice 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 a 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. 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”.

Reacting to the judgment, the plaintiff bemoaned the plight of the people of Itsekiri extraction and vowed that the case will be pursued up to the Supreme Court level.

Mrs Rita Lori Ogbebor further said she would stand by legal actions only and would not encourage violence because she does not believe in anything violent.

News

NiMet Predicts Three-day Rain, Thunderstorms From Monday

Published

20 hours ago

September 21, 2025

Editor

News

JUST IN: Ooni Visits Olubadan-designate Ladoja In Ibadan

Published

1 day ago

September 21, 2025

Editor

The Ooni of Ife, Oba Enitan Ogunwusi, on Sunday, paid a visit to the Olubadan designate, Rashidi Ladoja, at his Bodija private residence in Ibadan, Oyo State.

The PUNCH reports that Oba Ladoja will be installed as the 44th Olubadan on Friday, September 26, 2025, following the demise of the 43rd Olubadan, Oba Owolabi Olakulehin, who joined his ancestors on Monday, July 7, 2025, at the age of 90 years.

The two paramount rulers are currently exchanging pleasantries.

Details later…

News

JUST IN: FG Revokes 1,263 Mineral Licenses Over Unpaid Fees

Published

1 day ago

September 21, 2025

Editor

The Federal Government through the Ministry of Solid Minerals Development has announced a fresh revocation of not less than 1,263 mineral licenses.

These licenses, which will now be deleted from the Electronic Mining Cadastral System portal of the Nigerian Mining Cadastral Office, include 584 exploration licenses, 65 mining leases, 144 quarry licenses, and 470 small-scale mining leases.

The minister of Solid Minerals Development, Dele Alake, gave the revocation announcement in a statement issued by his special assistant on Media, Segun Tomori, on Sunday in Abuja.

The minister explained that the directive was issued due to the companies’ failure to comply with the requirement of paying their annual service fees.

The latest revocation brings the total mineral titles revoked under the current administration to 3, 794 including,619 mineral titles revoked for defaulting in paying annual service fees and 912 for dormancy last year.

By opening up the areas formerly covered by these licenses, the revocation is expected to spur fresh applications by investors looking for fresh opportunities.

The statement read, “Not less than 1,263 mineral licenses will be deleted from the portal of the Electronic Mining Cadastral system of the Nigerian Mining Cadastral Office, MCO, following their revocation by the Federal Government.

“These include 584 exploration licenses, 65 mining leases, 144 quarry licenses, and 470 small-scale mining leases.”

Approving the revocation following the recommendation of the MCO, the Minister said applying the law to keep speculators and unserious investors away from the mining sector would make way for diligent investors and grow the sector.

“The era of obtaining licences and keeping them in drawers for the highest bidder, while financially capable and industrious businessmen are complaining of access to good sites, is over.

“The annual service fee is the minimum evidence that you are interested in mining. You don’t have to wait for us to revoke the license because the law allows you to return the license if you change your mind,” the minister said.

He warned that the revocation does not mean the Federal Government has pardoned the annual service debt owed by licensees, adding that the list will be forwarded to the Economic & Financial Crimes Commission to ensure that debtors pay or face the wrath of the law.

“This is to encourage due diligence and emphasise the consequences of inundating the license application processes with speculative activities.”

In the recommendation to the minister, the Director-General of the MCO, Simon Nkom, disclosed that there were 1,957 initial defaulters when the MCO published the intention to revoke licences in the Federal Government Gazette on June 19, 2025.

He informed the minister that the gazette was distributed to MCO offices nationwide to sensitise licencees and encourage them to comply within 30 days in compliance with the Minerals and Mining Act 2007 and relevant regulations.

He observed that the delay in the final recommendation was due to complaints of several licensees who claimed to have paid to the Federal Government through Remita and had to be reconciled.

Earlier this month, the DG MCO had hinted that more mining licences would be revoked as part of ongoing efforts to sanitise the solid minerals sector and protect investors from fraudsters.

According to Nkom, the clean-up exercise, which covers expired, speculative, and inactive titles, is necessary to make room for genuine investors and ensure compliance with the law.

This is part of ongoing efforts at sanitising the sector since the inception of the Tinubu administration, and the salutary effects of the reforms are massive and manifest despite the attempts to push back by defaulters and their agents.