IN THE FEDERAL HIGH COURT OF JUSTICE OF NIGERIA HOLDEN AT AKURE
AFFIDAVIT VERIFYING PETITION AGAINST MR CHARLES OGUNMOLA NOMINATED AS EXECUTIVE DIRECTOR PROJECTS (EDP) IN THE NIGER DELTA DEVELOPMENT COMMISSION
I, Dr. Benson Enikuomehin Esq, Male, Nigerian citizen, Legal Practitioner of Benson Enikuomehin and Co, of 1, Barrister Benson Enikuomehin Avenue, Opposite Federal College of Agriculture, off Oba Ile Road, Rockview Estate, Akure North Local Government Area of Ondo State do hereby make oath and state as follows:
1. That I am the above named person.
2. That I am from Obe-Enikanoselu Community, an oil producing area in Ilaje Constituency 1 of Ilaje Local Government Area of Ondo State.
3. That Ilaje constituency 1, made up of 6 political wards constitute the oil producing area of Ondo State.
4. That by virtue of being an indigene of the oil producing area of Ondo State, the President of the Federal Republic of Nigeria in year 2009 nominated me to serve as the representative of Ondo State on the 3rd governing board of the Niger Delta Development Commission (NDDC).
5. That the senate of the Federal Republic of Nigeria on 17th December, 2009 confirmed my appointment to serve on the board of the Niger Delta Development Commission (NDDC).
6. That prior to my appointment, 2 other persons from the oil producing area had served on the governing board of the Niger Delta Development Commission NDDC, to wit:
a. Chief Olusola Alexandra Oke 2000-2004.
b. Dr. Ibukun Omotehinse 2005-2009.
7. That the undermentioned person from the oil producing area also served as representatives of Ondo State on the board of the Niger Delta Development Commission (NDDC) after my tenure:
a. Mr. Dele Omogbemi 2011-2013
b. Barrister Benson Amuwa 2013-2015
c. Mr. Lucky Orimisan Ayedatiwa 2016-2017
8. That as a legal practitioner, I am aware that Section 2(1) (B) of the NDDC Act 2000, stipulates that only indigenes of the oil producing areas can be appointed to represent any of the oil producing state.
9. That I am also aware that by the provision of Section 12(1) of the NDDC Act 2000, only indigenes of the oil producing area can be appointed as the Managing Director (MD) and Executive Director (ED) respectively.
10. That one Charles B. Ogunmola has now being nominated as the Executive Director Project and his name forwarded to the Senate for confirmation as representing Ondo State.
11. That I know as a fact that the said Charles B. Ogunmola is not an indigene of the oil producing area of Ilaje local government of Ondo State.
12. That Mr. Charles Ogunmola is from Owo Local Government in the Northern Senatorial District of Ondo State which is a non-oil producing area.
13. That Owo local government is not an oil producing local government.
14. That Owo local government does not form any boundary with Ilaje local government which is the local government that makes Ondo State an oil producing state.
15. That there are 11 local governments in Ondo State that separate Owo Local Government from Ilaje local government.
16. That the nomination of Mr. Charles Ogunmola does not follow the provisions of Section 12(1) of the NDDC Act
17. That sometime in 2016, one Mr. Tokunbo Ajasin from Owo local government Area of Ondo State was nominated to represent Ondo State on the governing board of the NDDC.
18. That the 8th Assembly of the senate of the Federal Republic of Nigeria refused and rejected his nomination on the ground that he was not from the oil producing area of Ondo State.
19. That the 8th Assembly of the Senate of Federal Republic of Nigeria also refused and rejected the nomination of one Mr. Donatus Enyinnah on the ground that he was not from the oil producing area of Abia State.
20. That Senator Osita Izunaso declined his nomination to represent Imo State on the ground that he was not from the oil producing area of Imo State.
21. That Mr. Charles Ogunmola, who is now nominated as the Executive Director Project (EDP), is from the same Owo local government as Mr. Tokunbo Ajasin who was rejected by the 8th Assembly of the senate of the National Assembly for non being an indigene of the oil producing area.
22. That it is in the interest of justice, fairness, equity and section 12(1) of the NDDC Act 2000 for the 9th Assembly of the Senate of the National Assembly to reject and refuse the confirmation of Mr. Charles Ogunmola.
23. That Mr. Charles Ogunmola will not be prejudiced by the averment in this petition.
24. That this affidavit verifies my petition dated 02/12/2022 to the 9th Assembly of the Senate of the National Assembly of Nigeria.
25. That I depose to this affidavit in good faith conscientiously believing the content to be true and correct and in accordance with the oath law in force.
______________
D E P O N E N T
Sworn to at the Federal High Court of Justice
Akure this ______ day of December, 2022
BEFORE ME
COMMISSIONER FOR OATHS
Our Ref: BE/LP/SENATE/CO-001/2022
2nd December, 2022.
The Senate President,
National Assembly of Nigeria,
3 Arms Zone,
Abuja.
Distinguished Senate President,
PETITION AGAINST MR CHARLES OGUNMOLA NOMINATED AS EXECUTIVE DIRECTOR PROJECTS (EDP) TO REPRESENT ONDO STATE ON THE GOVERNING BOARD OF THE NIGER DELTA DEVELOPMENT COMMISSION (NDDC).
I write to petition against the nomination of Mr. Charles B. Ogunmola whose name was forwarded to the Senate for confirmation as Executive Director Projects (EDP) to represent Ondo State on the governing board of the Niger Delta Development Commission (NDDC). I am a legal practitioner of almost three decades of active practice and an indigene of the oil producing area of Ondo State. I hail from Obe-Enikanoselu community in Ugbo political ward 4 of Ilaje Local Government Area of Ondo State.
I am aware that the President of the Federal Republic of Nigeria by his letter dated 21st October, 2022 addressed to your office requested for the confirmation of appointment of chairman and members of the Niger Delta Development Commission. In the said letter, Mr. Charles B. Ogunmola who was number 15 on the list was nominated as Executive Director projects (EDP) from Ondo State.
My petition sir, is to the effect that any person who is to occupy the office of the Managing Director, Executive Director Finance and Executive Director Projects must be an indigene of the oil producing area of the state he represents. Section 12(1) of the NDDC Act 2000 provides:
“There shall be for the Commission, a Managing Director and 2 Executive Directors, who shall be indegenes of the oil producing area starting with the member state of the Commission with the highest production quantum of oil and shall rotate among member state in the order of production” (underlined is mine).
I state in an unequivocal term that the Ugbo communities of Ilaje Local Government Area constitute the only oil producing area of Ondo State to the exclusion of the remaining 17 local Governments of the State.
Mr. Charles B. Ogunmola that was nominated for the post of the executive director projects on the board of the NDDC, for which the confirmation of the senate is sought by Mr. President, is NOT an indigene of the oil producing area of Ondo State. Of a truth Mr. Charles B. Ogunmola is from Owo Local Government Area in the northern senatorial district of Ondo State. Not being from the Ugbo oil producing community of Ilaje local government area, Mr. Charles B Ogunmola is not qualified to represent Ondo state on the board of the NDDC.
Sir, in 2016 one Mr. Tokunbo Ajasin from Owo Local Government was erroneously nominated to represent Ondo State on the Governing Board of the Niger Delta Development Commission (NDDC). The 8th Assembly of the Senate of the National Assembly refused and rejected his nomination primarily because he was not an indigene of the oil producing area. The 8th Assembly of the Senate also rejected the nomination of one Donatus Enyinnah who was nominated to represent Abia State on the ground that he was not an indigene of the oil producing area. It is on record that the distinguished senator Osita Izunaso declined his nomination to represent Imo State on the board of NDDC on the ground that he was not from the oil producing area of Imo State.
Sir, I wish to put the record straight that the undermentioned persons who have served on the governing board of the Niger Delta Development Commission (NDDC) are indigenes of the oil producing area of Ilaje Local Government in Ondo State. They are :
a. Chief Olusola Alexandra Oke from Ilowo community, 2000-2004
b. Dr. Ibukun Omotehinse from Obe-Rebiminu, 2005-2009
c. Dr. Benson Enikuomehin from Obe-Enikanoselu, 2009-2011
d. Mr. Dele Omogbemi from Obenla, 2011-2013
e. Barr. Benson Amuwa from Odun-Igho, 2013-2015
f. Mr. Lucky Orimisan Ayedatiwa from Obenla, 2016-2017
The above-named persons are indigenes of the oil producing areas in Ilaje local Government of Ondo State. The nomination of Mr. Charles Ogunmola is both an affront and a negation of section 12(1) of the Niger Delta Development Commission (NDDC) Act 2000. Mr. Charles Ogunmola is a gate crasher to the Niger Delta Development Commission (NDDC) commonwealth. He is from the same Owo with that of Tokunbo Ajasin that the 8th Assembly of the Senate rejected.
I earnestly urge the Senate of the Federal Republic of Nigeria to refuse and reject the confirmation of Mr. Charles B. Ogunmola on the following grounds:
1. He is not an indigene of the oil producing area.
2. That his nomination runs foul of section 12(1) of the Niger Delta Development Commission (NDDC) Act 2000.
3. His confirmation by the Senate will defeat the purpose and intendment of the Niger Delta Development Commission (NDDC) Act that indigenes of the area, who feel and experience the devastation that oil exploration and exploitation have caused should manage the Commission for the benefit of their people.
I therefore plead with the 9th Assembly of the Senate of the National Assembly under your leadership to follow the precedent laid down by the 8th Assembly in rejecting and refusing the confirmation of Charles B. Ogunmola as Executive Director Projects representing Ondo State.
I will be highly honoured if the distinguished committee saddled with the screening of the nominee will obliged me the privilege of elucidating on this petition.
Kindly receive the assurances of my highest regard.
Yours sincerely,
Dr. Benson Enikuomehin Esq, FCPA
Cc:
1. Senator Nicholas Tofowomo
(Ondo South Senatorial District)
2. Senator Ayo Akinyelure
(Ondo Central Senatorial District)
3. Senator (Prof.) Robert Ajayi Boroffice
(Ondo North Senatorial District)
Our Ref: BE/LP/SEN-NDDC/CO-001/2022
2nd December, 2022.
Senator Peter Nwaoboshi,
Chairman, Senate Committee on Niger Delta Affairs &
Niger Delta Development Commission (NDDC),
National Assembly of Nigeria,
3 Arms Zone,
Abuja.
Distinguished Senator,
PETITION AGAINST MR CHARLES OGUNMOLA NOMINATED AS EXECUTIVE DIRECTOR PROJECTS (EDP) TO REPRESENT ONDO STATE ON THE GOVERNING BOARD OF THE NIGER DELTA DEVELOPMENT COMMISSION (NDDC).
I write to petition against the nomination of Mr. Charles B. Ogunmola whose name was forwarded to the Senate for confirmation as Executive Director Projects (EDP) to represent Ondo State on the governing board of the Niger Delta Development Commission (NDDC). I am a legal practitioner of almost three decades of active practice and an indigene of the oil producing area of Ondo State. I hail from Obe-Enikanoselu community in Ugbo political ward 4 of Ilaje Local Government Area of Ondo State.
I am aware that the President of the Federal Republic of Nigeria by his letter dated 21st October, 2022 addressed to the office of the Senate President requested for the confirmation of appointment of chairman and members of the Niger Delta Development Commission. In the said letter Mr. Charles B. Ogunmola who was number 15 on the list was nominated as Executive Director Projects (EDP) from Ondo State.
My petition sir, is to the effect that any person who is to occupy the office of the Managing Director, Executive Director Finance and Executive Director Projects must be an indigene of the oil producing area of the state he represents. Section 12(1) of the NDDC Act 2000 provides:
“There shall be for the Commission, a Managing Director and 2 Executive Directors, who shall be indegenes of the oil producing area starting with the member state of the Commission with the highest production quantum of oil and shall rotate among member states in the order of production” (underlined is mine).
I state in an unequivocal term that the Ugbo communities of Ilaje Local Government Area constitute the only oil producing area of Ondo State to the exclusion of the remaining 17 local Governments of the State.
Mr. Charles B. Ogunmola that was nominated for the post of the executive director projects on the board of the NDDC, for which the confirmation of the senate is sought by Mr. President is NOT an indigene of the oil producing area of Ondo State. Of a truth Mr. Charles B. Ogunmola is from Owo Local Government Area in the northern senatorial district of Ondo State. Not being from the ugbo oil producing community of Ilaje local government area, Mr. Charles B Ogunmola is not qualified to represent Ondo state on the board of the NDDC.
Sir, in 2016 one Mr. Tokunbo Ajasin from this same Owo Local Government was erroneously nominated to represent Ondo State on the Governing Board of the Niger Delta Development Commission (NDDC). The 8th Assembly of the Senate of the National Assembly refused and rejected his nomination primarily because he was not an indigene of the oil producing area. The 8th Assembly of the Senate also rejected the nomination of one Donatus Enyinnah who was nominated to represent Abia State on the ground that he was not an indigene of the oil producing area. It is on record that the distinguished senator Osita Izunaso declined his nomination to represent Imo State on the board of NDDC on the ground that he was not from the oil producing area of Imo State.
Sir, I wish to put the record straight that the undermentioned persons who have served on the governing board of the Niger Delta Development Commission (NDDC) are indigenes of the oil producing area of Ilaje Local Government in Ondo State. They are :
g. Chief Olusola Alexandra Oke from Ilowo community, 2000-2004
h. Dr. Ibukun Omotehinse from Obe-Rebiminu, 2005-2009
i. Dr. Benson Enikuomehin from Obe-Enikanoselu, 2009-2011
j. Mr. Dele Omogbemi from Obenla, 2011-2013
k. Barr. Benson Amuwa from Odun-Igho, 2013-2015
l. Mr. Lucky Orimisan Ayedatiwa from Obenla, 2016-2017
The above-named persons are indigenes of the oil producing areas in Ilaje local Government of Ondo State. The nomination of Mr. Charles Ogunmola is both an affront and a negation of section 12(1) of the Niger Delta Development Commission (NDDC) Act 2000. Mr. Charles Ogunmola is a gate crasher to the Niger Delta Development Commission (NDDC) commonwealth. He is from the same Owo with that of Tokunbo Ajasin that the 8th Assembly of the Senate rejected.
I earnestly urge your Committee to do the needful by refusing and rejecting the confirmation of Mr. Charles B. Ogunmola on the following grounds:
1. He is not an indigene of the oil producing area.
2. That his nomination runs foul of section 12(1) of the Niger Delta Development Commission (NDDC) Act 2000.
3. His confirmation by the Senate will defeat the purpose and intendment of the Niger Delta Development Commission (NDDC) Act that indigenes of the area, who feel and experience the devastation that oil exploration and exploitation have caused, should manage the Commission for the benefit of their people.
I, therefore, plead with the Committee under your leadership to follow the precedent laid down by the 8th Assembly in rejecting and refusing the confirmation of Charles B. Ogunmola as Executive Director Projects representing Ondo State.
I will be highly honoured if your distinguished committee saddled with the screening of the nominee will afford me the privilege of elucidating on this petition at the sitting on this matter.
Kindly receive the assurances of my highest regard.
Yours sincerely,
Dr. Benson Enikuomehin Esq, FCPA
