TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

NDDC: Interim Management Committee unknown to law

The Editor by The Editor
December 4 2019
in Opinion
A A
0
NDDC to cancel N200bn projects

By David Ekuetafia, Esq.

In recent weeks, there has been a rash of misconception being peddled in both the print and electronic media about what next steps Mr President needs to take on matters relating to the Governing Board of Niger Delta Development Commission (NDDC).

Most of these misconceptions are deliberate falsehood designed mainly to obfuscate the issues and confuse the non legal minds. Others are simply orchestrated to cover up and protect selfish individual or clannish interests without reference or empirical proof of facts.

In a number of cases, the positions have been very incorrect and misleading.

This was the case of what we read from the Punch Newspaper of Saturday 30th of November, 2019 and other social media platforms credited to the Chairman of the House Committee on Niger Delta, Rep Olubunmi Tunji-Ojo who was quoted as saying that he saw nothing wrong with the 3-man interim management committee of Senator Akpabio. This is against a 15 members Governing Board as provided for in section 10(a) of the NDDC Act 2000. Tunji-Ojo said he was willing to welcome the 3 members of the illegal interim management committee to come and represent NDDC to defend the 2019 and 2020 NDDC Appropriation Estimates submitted last week by Mr President to both Chambers of the National Assembly.

As if his position is not misleading enough, he went further to misinform his audience and members of the public that the provisions of section 171 of the Nigerian Constitution legalize the interim management committee, an assertion that is most contrary to the true meaning of that section of the Constitution.

For the avoidance of doubt, the bodies or agencies affected by the provisions of section 171 of the Constitution neither relate to nor include the NDDC.

In order to set the record straight and for a better understanding by stakeholders and members of the general public, the section of the Constitution under reference is hereby reproduced as follows: 171 –
(1) “Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the President.

(2) The offices to which this section applies are, namely –
(a) Secretary to the Government of the Federation;
(b) Head of the Service of the Federation;
(c) Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;
(d) Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Government of the Federation howsoever designated; and
(e) any office on the personal staff of the President…”

Contrary to the statement credited to the House Committee Chairman, Section 171 does not relate to the NDDC.

To further compound and exhibit his lack of deep knowledge of the NDDC Act (even as a member of the National Assembly), and the Nigerian Constitution, he was quoted as saying that the provisions of the NDDC Act are inconsistent with those of the Constitution. This is most unfortunate. There is no section of the NDDC Act that conflicts any constitutional provisions at all.

There is no gainsaying the fact that some other individuals are being openly sponsored on live telecast particularly one Arc Nya Etok Ezekiel who appeared on AIT live show on Saturday night on November 30, 2019. He also erroneously hinged his defence of the illegal interim management committee on the same provisions of Section 171 of the Nigerian Constitution 1999.

He equally misinformed his audience and listeners that the section gives Mr President the powers to appoint an Interim Management Committee for the NDDC simultaneously with his appointment of a new Board for the Commission. This assertion is most incorrect, false and misleading as there is no such provisions in both legal instruments.

Let it be also noted that section 171 of the Nigerian Constitution came into force on May 29, 1999 even before the conception and eventual birth of the Niger Delta Development Commission in the year 2001. This implies that its provisions were not framed in anticipation of NDDC or any other body and their operations which are not referred to in the section under reference.

Like the provisions of sections 2(2)(a) and 5(3) of the NDDC Act 2000 that requires Senate confirmation of members of the Commission, subsection (4) of section 171 of the Nigerian Constitution equally states that “An appointment to the office of Ambassador, High Commissioner, or other Principal Representative of Nigeria abroad shall not have effect unless the appointment is confirmed by the Senate. The combined effects of the above provisions clearly confirm the illegality of the 3-man contraption which has been put in place against public outcry and contrary to every good will and notwithstanding the promptness and dispatch with which the Senate treated Mr President’s nominees by properly stamping them with the seal of legitimacy in accordance with the NDDC Act 2000.

The NDDC Act 2000 under section 2(1) states that ” There is hereby established for the Commission a governing Board which shall consists of a Chairman, a Managing Director, 2 Executive Directors, one board member each from the 9 oil producing states of Abia, Akwa Ibom, Bayelsa, Cross River, Delta, Edo, Imo, Ondo and Rivers, ………………”

By this provision and others, the NDDC Act prohibits the 3-man interim management committee from assuming the responsibility to take over the functions and powers of the Commission.

Let it be noted by all Nigerians and Niger Delta stakeholders that, the fact that Mr. President, a few days ago, has invoked his right and power under section 18(1) of the NDDC Act 2000, by presenting budget estimates for the Commission in respect of 2019 and 2020 to the National Assembly for consideration and approval, does not give any legitimacy to the Dr Joy Nunieh led interim management committee. The Interim Management Committee is not the appropriate authority of the Commission to appear before any relevant committee of the National Assembly to defend such budget proposals.

For a deeper and proper understanding of the provisions of the NDDC Act and the intentions of members of the National Assembly that worked on its bill and passed it even through a two-third majority vitoe (a few of whom are still present in this 9th National Assembly), it would be advisable for the leadership of the House to make copies of the Act available to all members for better understanding of its content and in appreciation of the efforts of their predecessors.

However, one must commend the leadership of the Senate for consistently encouraging and appealing to the executive to do the needful by inaugurating the Board in order to nip in the bud further controversy.

In conclusion, I observe with dismay different statements and inferences credited to some respected members of the green chambers of National Assembly insinuating their readiness to work with the illegal interim management committee with regard to the NDDC budget proposals presented by Mr President instead of standing with the Senate in defence of an Act duly passed by the Parliament which impartiality and integrity they all swore to protect on June 11, 2019 when Mr President proclaimed the 9th National Assembly.

In my view, allying with the position of the Senate seems a better and proper option for the Representatives instead of attempting to dance to discordant tunes of some selfish political gladiators who appear to be desperate and determined to cover some old footprints.

No matter the interest, let every elected lawmaker remain a lawmaker and every political appointee remain an appointee. By this is meant to defend, maintain and protect your institution while the other does same to his or hers own institutions too.

Ekuetafia, a constitutional lawyer, writes from Port Harcourt.

Previous Post

Buhari promises security, unveils made-in-Nigeria war vehicles

Next Post

Sunny Bath joins dmg events as Vice President for Data Management

Related Posts

Of bandits and their informants/sponsors
Opinion

Of bandits and their informants/sponsors

June 1 2026
Nigeria at critical juncture – Vanguard
Opinion

Nigerian economy: The street is not smiling!

June 1 2026
Tinubu sticking to anti-masses policy, says Afenifere
Opinion

As criminals seize Nigerian babies

May 31 2026
School attacks and the death of ethics
Opinion

School attacks and the death of ethics

May 22 2026
The dangers of a one-party state
Opinion

The dangers of a one-party state

May 5 2026
Dear Senator Tinubu, Buhari has thrashed us all!
Opinion

NBC’s real struggle

April 30 2026
Next Post
Sunny Bath joins dmg events as Vice President for Data Management

Sunny Bath joins dmg events as Vice President for Data Management

Saudi Fund for Development, regional partners join Burkina Faso govt to inaugurate new dam

Saudi Fund for Development, regional partners join Burkina Faso govt to inaugurate new dam

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

His Royal Majesty, Obi Ifechukwude Okonjo II: Progressive Monarch fighting for his people

His Royal Majesty, Obi Ifechukwude Okonjo II: Progressive Monarch fighting for his people

by The Editor
June 4 2026
0

...

Ondo LG shuts schools over security concerns

Ondo LG shuts schools over security concerns

by The Editor
June 2 2026
0

...

IPOB hails observance of Biafra Heroes Remembrance Day

IPOB hails observance of Biafra Heroes Remembrance Day

by The Editor
May 31 2026
0

...

Alaafin urges FG to strengthen native intelligence after Oyo school attacks

Alaafin urges FG to strengthen native intelligence after Oyo school attacks

by The Editor
May 17 2026
0

...

APPOINTMENTS

Pres. Tinubu swears in two new ministers

Pres. Tinubu swears in two new ministers

by The Editor
June 8 2026
0

...

Tinubu appoints Zainab Marwa into NDDC Board

Tinubu appoints Zainab Marwa into NDDC Board

by The Editor
June 4 2026
0

...

Botswana appoints Nigerian Adesina as Chair of Diamonds for Development Fund

Botswana appoints Nigerian Adesina as Chair of Diamonds for Development Fund

by The Editor
June 3 2026
0

...

Elumelu joins Seplat board after $496m share acquisition

Elumelu joins Seplat board after $496m share acquisition

by The Editor
May 21 2026
0

...

ODDITIES

Woman lodges in Delta hotel with lover after staging own kidnap

Woman lodges in Delta hotel with lover after staging own kidnap

by The Editor
June 8 2026
0

Court remands Anambra native doctor over security law violation

Court remands Anambra native doctor over security law violation

by The Editor
June 4 2026
0

Two men in police net for defiling four underage siblings

Eight men gang rape 16-year-old girl in Anambra

by The Editor
June 4 2026
0

GLOBAL NEWS

Trump urges Israel, Iran to cease fire after fresh attacks

Trump urges Israel, Iran to cease fire after fresh attacks

by The Editor
June 8 2026
0

...

UK gives Apple, Google deadline on child safety, nude image filters

UK gives Apple, Google deadline on child safety, nude image filters

by The Editor
June 8 2026
0

...

Iran dismisses idea of Trump meeting supreme leader

Iran dismisses idea of Trump meeting supreme leader

by The Editor
June 5 2026
0

...

UN raises concern over renewed xenophobic attacks in South Africa

FG to repatriate over 1,000 Nigerians from South Africa

by The Editor
June 5 2026
0

...

Iran hits US Fifth Fleet HQ, airbase after violations near Strait of Hormuz

Iran hits US Fifth Fleet HQ, airbase after violations near Strait of Hormuz

by The Editor
June 3 2026
0

...

State of the States

Ondo commences 2025 OSOPADEC scholarship, bursary for students

Ondo governor enrols pensioners into free health insurance scheme

by The Editor
June 8 2026
0

...

Oyo govt demolishes house linked to Adelabu family kidnap case

Oyo govt demolishes house linked to Adelabu family kidnap case

by The Editor
June 8 2026
0

...

Abia launches bid for UNESCO Creative City Status for Aba, plans 1929 Women Riot honour

Abia launches bid for UNESCO Creative City Status for Aba, plans 1929 Women Riot honour

by The Editor
June 3 2026
0

...

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

Gov. Adeleke mobilises hunters, security forces to protect Osun schools, communities

by The Editor
June 2 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Pres. Tinubu swears in two new ministers

Pres. Tinubu swears in two new ministers

June 8 2026
Nigeria records N7.54tr trade surplus as importation drops by 18%

Nigeria records N7.54tr trade surplus as importation drops by 18%

June 8 2026
Lagos APC unveils Hamzat’s running mate

Lagos APC unveils Hamzat’s running mate

June 8 2026
EFCC arraigns couple over N1.09bn alleged fraud

EFCC arraigns couple over N1.09bn alleged fraud

June 8 2026

EDITORIAL REVIEW

Nigerian workers deserve a living wage – Punch

Nigerian workers deserve a living wage – Punch

by The Editor
June 8 2026
0

Gospel Kinanee’s 18-year ordeal: Fix this broken justice system – Punch

Gospel Kinanee’s 18-year ordeal: Fix this broken justice system – Punch

by The Editor
June 7 2026
0

Bandits attack mosque, kill 1, abduct 9 in Kaduna

Beyond Fulani militants’ menace – Punch

by The Editor
June 5 2026
0

Cooking gas price hike deepens Nigerians’ woes – Punch

Cooking gas price hike deepens Nigerians’ woes – Punch

by The Editor
June 3 2026
0

Nigeria’s obscene money politics – Punch

Nigeria’s obscene money politics – Punch

by The Editor
June 2 2026
0

Opinion

Of bandits and their informants/sponsors

Of bandits and their informants/sponsors

by The Editor
June 1 2026
0

...

Nigeria at critical juncture – Vanguard

Nigerian economy: The street is not smiling!

by The Editor
June 1 2026
0

...

Tinubu sticking to anti-masses policy, says Afenifere

As criminals seize Nigerian babies

by The Editor
May 31 2026
0

...

School attacks and the death of ethics

School attacks and the death of ethics

by The Editor
May 22 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.