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Buhari, AGF, Others Dragged to Court over Alleged Unlawful Interference in NDDC

Published

2 years ago

August 23, 2022

President Muhammadu Buhari, and four others have been dragged before a Federal High Court, Abuja, over their alleged unlawful interference in the operations of the Niger Delta Development Commission (NDDC).

The suit brought by an aggrieved indigene of the Niger Delta region from Imo State, has President Muhammadu Buhari, the Attorney General of the Federation (AGF), and Minister of Justice, the Minister of Niger Delta Affairs, Ministry of Niger Delta Affairs and the Permanent Secretary, Ministry of Niger Delta Affairs as 1st to 5th respondents respectively.

The suit filed by an Abuja-based lawyer, Mr. Felix Ekengba, claiming that the respondents lacked the legal powers to interfere in the day-to-day operations of the NDDC as it’s been done by the Minister of Niger Delta Affairs, Mr. Umana Umana.

In the suit filed on August 19, the plaintiff accused the Minister of Niger Delta Affairs of unlawfully assuming the helms of affairs at the Commission, in contravention of the law.

Plaintiff in the suit marked: FHC/ABJ/CS/1458/2022 therefore prayed the court for an order restraining the respondents from further interfering in the activities of the Commission.

Specifically, the plaintiff wants the court to bar Umana from further acting as NDDC’s MD or interfering with the agency’s operations since he has no power under any law to do so.

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Other reliefs, sought by the plaintiff in the suit filed on behalf of himself, include a declaration that by virtue of Section 4 of the 1999 Constitution and Section 2 of the NDDC’s Act, 2000, the Minister of Niger Delta Affairs, Ministry of Niger Delta Affairs and the Permanent Secretary of the Ministry not being part of the persons mentioned in Section 2 of the NDDC’s Act cannot interfere or usurp the powers of the board and management of the commission without an amendment to the NDDC’s Act by the National Assembly.

Ekengba also applied for a declaration that the interference and intervention of the 3rd to 5th respondents, was contrary and in breach of Section 4 of the Constitution and Section 2 of the NDDC’s Act and that any purported acts done by them are unconstitutional, illegal, null and void and should be set aside.

He further sought another order of perpetual injunction restraining the 3rd to 5th respondents from interfering, usurping, controlling or issuing directives to the management and staff of the NDDC.

In a 16- paragraph affidavit he deposed to in support of the suit, Ekengba who claimed to be an environmental rights activist and a legal practitioner as well as an indigene of the Niger Delta region, asserted that he was being affected by the alleged unlawful interference of the Minister in the operations of the commission.

He further claimed that Buhari as Nigeria’ s President, who swore to uphold the provisions and tenet of the 1999 Constitution, was under obligations to ensure the enforcement and compliance with all Acts of the National Assembly, including that of the NDDC.

He further averred that the Minister of Niger Delta affairs was aiding and abetting the president in breaching the clear and extant provisions of the 1999 Constitution by seeking to interfere or usurp the powers of the board and management of the NDDC contrary to Section 4 of the 1999 Constitution and Section 2 of the NDDC’s Act.

Plaintiff asserted that Buhari by an administrative fiat allegedly amended the provisions of Section 2 of the NDDC’s Act by appointing the Niger Delta Minister, Niger Delta Ministry and Permanent Secretary of the Ministry as governing board members of the NDDC without amending the law to accommodate them.

He alleged that in carrying out the unconstitutional fiat, the Minister, Ministry and Permanent Secretary wrote a letter to the NDDC seeking to interfere and usurp the powers of the board on August 8, 2022 by requesting for personnel audit and bio-data of the commission.

The legal practitioner also asserted that the 3rd to 5th respondents inaugurated a committee on the compressive staff audit of the NDDC filed a letter of August 15, 2022, adding that the Minister on August 17, issued directives on the day-to-day running contrary to the clear position of the law.

Insisting that what the 3rd to 5th respondents were seeking to carry out was unconstitutional, the plaintiff prayed the court for an order restraining the respondents from interfering, usurping, controlling or issuing directives to the management and staff of the NDDC since doing so run contrary to section 4 of the Constitution.

Meanwhile no date has been fixed for hearing in the suit.

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Leadership dispute: NURTW cautions AGF, IGP against aiding Baruwa

Published

39 minutes ago

November 27, 2024

Trends Admin

Leadership dispute: NURTW cautions AGF, IGP against aiding Baruwa

The National Union of Road Transport Workers (NURTW) has urged the Attorney General of the Federation (AGF), Lateef Fagbemi, SAN, and the Inspector General of Police (IGP), Kayode Egbetokun, to resist efforts to drag them into the leadership dispute in the union.

Reacting to a recent letter by lawyer to Alhaji Tajudeen Baruwa, calling on the AGF and the IGP to help enforce a judgment, the NURTW claimed that the said judgment was allegedly obtained by misleading the court.

Speaking in Abuja on Wednesday, a National Officer of the NURTW and immediate past National Financial Secretary, Comrade Uwem James said it was prejudicial of the court for Baruwa to seek to enforce a judgment when cases relating to the dispute over the union’s leadership were still pending in court.

James claimed that Baruwa’s tenure, in which he (James) served as National Financial Secretary) lapsed in August 2023, adding that Baruwa was only seeking to come back through the back door by allegedly concocting a case in which he claimed to have got a favourable judgment.

James, who gave a background to the whole leadership dispute in the union, accused the Nigerian Labour Congress (NLC) of wrongly taking side with Baruwa without seeking to understand the root of the dispute.

He said cases relating to the question of the union’s leadership were still pending before the National Industrial Court in Lagos and Abuja, adding that applications are still before those courts that yet to be determined.

James added: “Alhaji Tajudeen Ibikunle Baruwa, in defiance of the order of injunction that parties maintain status guo ante belum and the application to restrain him pending in courts, both in Lagos and Abuja, still went ahead to declare himself President at a place in Lafia on 23rd, August 2023 despite all the suits against him.

“As at then, he showed very clear disregard for the rule of law, court order and pending litigations; and now he wants to enforce court orders in his favour, forgetting that he who comes to equity must come with clean hands.

“We are constrained to bring this matter to the public domain in order to clarify some misconceptions among members of the public due to Alh. Baruwa’s outcry of victimization.

“We know as a common order that ‘it is one who is cheated that cries to the court of public justice for redress,’ but the reverse seems to be the case here, where Alh. Baruwa is the one who had heated but seems to be crying the loudest.

“Be it noted that the two cases filed against Alhaji Tajudeen Ibikunle Baruwa are pending before the National Industrial Court cill date.

“It will therefore prejudice us and the path of justice should Alhaji Ibikunle Baruwa be assisted in any way to enforce any court judgment that we believe he fraudulently obtained by challenging the wrong parties on divergent issues, while cases bordering on his election and constitution of the union, which were first raised and filed in court by us are still pending and yet to be determined.

“Moreso, it will render our cases useless and may lead to chaos, with the possibility of breakdown of law and order in the union and society at large,” he said.

James prayed the court, where the cases are pending, particularly the one marked: NICN/UY/27/2023 between Comrade Uwem James & six others vs. NURTW, Tajudeen Baruwa & two others, “to expedite action for a speedy trial and determination of the case, which we believe, will bring a final settlement on this matter.”

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Tinubu appoints Jami’u Abiola as Senior Special Assistant

Published

4 hours ago

November 27, 2024

Trends Admin

Jami’u Abiola

Tinubu appoints Jami’u Abiola as Senior Special Assistant

President Bola Ahmed Tinubu has appointed Jami’u Abiola, son of the late MKO Abiola, as the Senior Special Assistant (SSA) to the President on Linguistics and Foreign Matters.

Senator George Akume, Secretary to the Government of the Federation (SGF), announced the appointment, which takes effect on November 14, 2024.

Akume’s statement, issued by Mr. Segun Imohiosen, Director of Information and Public Relations, highlighted that the appointment aligns with the Certain Political and Judicial Office Holders (Salaries and Allowances, etc) Act 2008, as amended.

Tinubu appoints Jami’u Abiola as Senior Special Assistant

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Hoodlums beat police officer to death in Adamawa

Published

4 hours ago

November 27, 2024

Trends Admin

Adamawa State Police Public Relations Officer, Suleiman Yahaya Nguroje

Hoodlums beat police officer to death in Adamawa

Some hoodlums in Adamawa State have reportedly beaten a policeman, Ibrahim Maizabuwa, to death.

Two persons, Ezekiel Kefas and Stephen Zabadi from Wamsa Suwa Ward in Lamurde LGA of the state, have been arrested in connection with the murder.

The command’s Public Relations Officer, SP Suleiman Yahaya Nguroje, confirmed the incident in a statement on Wednesday.

He stated that the suspects were arrested on November 19, 2024 after the deceased’s son, Danlami Ibrahim Maizabuwa, reported the incident to the police.

According to him, investigations revealed that the police officer was killed and buried in the community.

The deceased was said to have visited his friend, Ezekiel Kefas, in the community.

The police command’s spokesman said during interrogation, Kefas claimed that the officer was killed by a group of thugs after he destroyed property and assaulted people in his (Kefas’) house.