*Caution Orji Kalu, praise Akeredolu, others
*Urge Buhari to foil criticism by replacing Onochie and Chief Ogbuku
Notable South-South leaders have scolded the Representative of Abia North Senatorial District, Chief Orji Uzor Kalu.
They also described his comment on the appointment of Chairman and Managing Director for the Niger Delta Commission (NDDC) as ‘’an attack on oil producing areas, classic example of conceit and proposal of anarchy’’.
‘’The NDDC Act is sound on the establishment of a governing body. To abandon it is unthinkable’’
In a statement in Abuja by the Chairman of the South-South Front (SSF), Chief John Harry, the leaders said it would be a disaster to the oil producing areas if President Muhammadu Buhari is diverted by Kalu and his co-travellers from the provisions of the Niger Delta Development Commission (NDDC) Act 2000.
‘’The chairman must be an indigene of oil producing area and the office rotated amongst the member states of the Commission in the following alphabetical order. (a) Abia State; (b) Akwa-Ibom State; (c) Bayelsa State; (d) Cross-River State; (e) Delta State; (f) Edo State; (g) Imo State; (h) Ondo State; and (i) Rivers State. Also, the Managing Director, and two Executive Directors must also be indigenes of oil producing areas starting with the member states of the Commission with the highest production quantum of oil and rotated amongst member states in the order of production’’ the leaders stated.
At a conference to set the matter straight with the press, the leaders denounced Kalu as the greatest enemy of the oil producing areas and the most pronounced foe of President Buhari.
The zonal leaders praised Governor Rotimi Akeredolu, Ajayi Boroffice,(Ondo North); Ayo Akinuelure (Ondo South) and Nicholas Tofowomo (Ondo South) for rejecting the Ondo State nominee, Charles Ogunmola .
‘’We consider the decision of the governor and the good people of Ondo State splendid. It is the only way to bring political cabals to their senses’’
Principally, the leaders urged President Muhammadu Buhari not to tread the disastrous path charted by Kalu but to explore paths to better and perhaps to cure fundamental problems in the oil rich region.
They urged Buhari to take steps to foil criticism by replacing Lauretta Onochie and Chief Samuel Ogbuku with Itsekiri indigenes.
Itsekiri Leaders of Thought and Omadino Unity Forum representatives, Chief Edward Ekpoko, Engineer Victor Wood and Mr. Edward Omagbemi are seeking an order quashing the nomination of Onochie and Ogbuku as NDDC Chairman and Managing Director.
They are also seeking a declaration that the nomination of Onochie, who hails from a non-oil producing area in Delta State as Chairman of NDDC and Chief Samuel Ogbuku, who hails from Bayelsa State as Managing Director of NDDC by President Buhari is unlawful for being contrary to the intent and purpose of NDDC Act.
‘’It is the turn of the Itsekiri Ethnic Nationality of Delta State to produce the Chairman and Managing Director of the Commission’’ the leaders said.
…………………………………………………………………………………………………………………………..
IN THE FEDERAL HIGH COURT OF NIGERIA
IN ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit No: PHC/ABJ/2294/2022
BETWEEN:
1. CHIEF EDWARD EKPORO
2. ENGR. VICTOR WOOD
(Both representing Itsekiri Leaders
Of Thought) PLAINTIFFS/APPLICANTS
3. MR. EDWARD OMAGBEMI
(Representing Omadino Unity Forum)
(All acting for themselves and on behalf of the
Itsekiri Ethnic Nationality of Delta state
AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA
2. THE ATTORNEY GENERAL OF THE FEDERATION
& MINISTER OF JUSTICE
3. THE PRESIDENT OF THE SENATE OF THE NATIONAL ASSEMBLY
4. THE SENATE OF THE NATIONAL ASSEMBLY DEFENDANTS/
5. MRS LAURETTA ONOCHIE RESPONDENTS
6. CHIEF SAMUEL OGBUKU
MOTION OF NOTICE
BROUGHT PURSUANT TO SECTION 6 & 35(1) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED); ORDER 26 & 56 OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES, 2019 AND UNDER THE INHERENT JURISDICTION OF THIS HONORABLE COURT
TAKE NOTICE that this Honourable Court shall be moved on …………., the ……….. day of …………….2022, at the hour of 9’ 0’ clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the Applicants herein praying this Honourable Court for the following orders (s):
AN ORDER setting aside the purported screening and confirmation of the 5th and 6th Defendants on December 20, 2022, by the 3rd and 4th Defendants during the pendency of the order of this Honourable Court delivered on render nugatory the outcome of the applicants’ pending application for interlocutory injunction.
And for such further order and or other orders as this Honourable Court may deem fit to make in the circumstances.
GROUNDS UPON WHICH THE APPLICATION IS MADE:
1. This Honourable Court on December 15, 2022 ordered the parties not take steps or act in order to render the outcome of the Plaintiffs/Applicants’ pending motion for interlocutory injunction filled on December 12, 2022, nugatory.
2. The Defendants were served with the originating summons and the motion on notice on December 15, 2022, as well as the order of December 15, 2022.
3. The Defendants despite being in receipt of the order dated December 15, 2022, and the pending application for interlocutory injunction to restrain the 3rd and 4th Defendants from screening and confirming the 5th and 6th Defendants as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC), proceeded in contempt of the order of this Honourable Court as well as the pending processes before this Honourable Court to screen and confirm the 5th and 6th Defendants as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC) on December 20, 2022.
4. The screening and confirmation of the 5th and 6th Defendants as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC) by the 3rd and 4th Defendants is a nullity,
5. This Honourable Court has the power to grant the reliefs which the Plaintiffs/Applicants herein seek.
DATED THIS 22ND DAY OF DECEMBER 2022.
_______________________
AMA ETUWEWE, SAN. (Signed)
SANCHEZ AGUMOR, ESQ.
IKAYE MABIAKU, ESQ.
AMA ETUWEWE (SAN) & CO.
APPELLANT / APPLICANT’S COUNSEL
T4025, BRAINS & HAMMER ESTATE,
GWARIMPA,
ABUJA.
TEL: 08033136059
E-mail: info@amaetulegal.org
Ama.etuwewe@amatulegal.org
amatulegal@yahoo.com
FOR SERVICES ON:
1. THE 1ST 2N DEFENDANTS/RESPONDENTS:
THROUGH THE OFFICE OF THE HONOURABLE ATTORNEY OF THE FEDERATION.
FEDERAL MINISTRY OF JUSTICE, HEADQUARTERS,
ABUJA.
2. THE 3RD AND 4TH DEFENDANTS/RESPONDENTS:
THROUGH THE CLERK,
SENATE OF THE NATIONAL ASSEMBLY
SENATE WING,
NATIONAL ASSEMBLY COMPLEX,
THREE – ARMS ZONE, ABUJA.
3. 5TH DEFENDANT/RESPONDENT
ABUJA.
4. 6TH DEFENDANT/ RESPONDENT
YENAGOA, BAYELSA STATE.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit No: PHC/ABJ/2294/2022
BETWEEN:
1. CHIEF EDWARD EKPORO
2. ENGR. VICTOR WOOD
(Both representing Itsekiri Leaders PLAINTIFFS/
Of Thought) APPLICANTS
3. MR. EDWARD OMAGBEMI
(Representing Omadino Unity Forum)
(All acting for themselves and on behalf of the
Itsekiri Ethnic Nationality of Delta State, Nigeria
AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA
2. THE ATTORNEY GENERAL OF THE FEDERATION
& MINISTER OF JUSTICE
3. THE PRESIDENT OF THE SENATE OF THE NATIONAL ASSEMBLY DEFENDANTS
4. THE SENATE OF THE NATIONAL ASSEMBLY RESPONDENTS
5. MRS LAURETTA ONOCHIE
6. CHIEF SAMUEL OGBUKU
AFFADAVIT IN SUPPORT OF THE MOTION ON NOTICE
1. CHIRF EDWARD EKPOKO, Male, Christian, Legal Practitioner, Nigerian Citizen of No. 40, Cemetery Road, Warri, Delta State of Nigeria do make oath and state as follows:
1. That I am the 1st Plaintiff/Applicant in this suit and by virtue of my position I am conversant with facts deposed thereunder.
2. That I have the consent of the Itsekiri Leaders of Thought, my community, and indeed all the good people of the Itsekiri Ethnic Nationality and the other Plaintiffs herein to depose to this affidavit.
3. That on December 12, 2022, the Plaintiffs filed an ex-parte application seeking the following reliefs from this Honourable court to wit;
(a) An order of interim injunction restraining the 3rd and 4th Defendants from screening or taking any further steps to screen or confirm the nomination of the 6th and 5th defendants as the next and substantive chairman and managing director respectively of the Niger Delta Development Commission (NDDC), pending the expiration of the statutory (three) Months Pre-Action Notice already issued on the 3rd and 4th Defendants and or the hearing and determination of the motion on notice already filed.
AND/OR
(b) AN ORDER directing that the status QUO ANTE BELLUM be maintained by the 3rd and 4th Defendants, their servants, agents, privies, employees and committees concerning the screening and confirmation of the 5th and 6th Defendants as the next and substantive chairman and managing director respectively of the Niger Delta Development Commission (NDDC) pending the expiration of the statutory (three) Months Pre-Action Notice already issued by the applicants on the 3rd and 4th Defendants on November 30, 2022 and or the hearing and determination of the motion on notice already filed.
(c) An order granting leave to the plaintiffs to serve the 5th and 6th Defendants with the originating processes in this suit by substituted means by advertising the processes in at least one national newspaper circulating within the jurisdiction of this Honorable Court and to deem same as proper service.
(d) Any order or further order as this Honorable Court may deem fit to grant in the circumstances.
4. That the plaintiffs/applicants also on December 12, 2022, filed a motion on notice
seeking the following reliefs to wit:
(a) AN ORDER of interlocutory injunction restraining the 3rd and 4th from screening or confirming or taking any further step to screen or confirm the nomination of the 5th and 6th Defendants as the next and substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC), Pending the hearing and determination of the substantive suit.
AND/OR
(b) An order directing that the status QUO ANTE BELLUM be maintained by the 3rd and 4th Defendants, their servants, agents, privies, employees and committees concerning the screening and confirmation of the 5th and 6th Defendants as the next and substantive chairman and managing Director Representative of the Niger Delta Development Commission (NDDC) pending the hearing and determination of the substantive suit.
(c) Any order or further orders as This Honourable Court may deem fit to grant in the circumstances.
5. That I know as a fact that this Honourable Court on December 15, 2022, refused reliefs 1 and 2 of our ex-parte application filed on December 12, 2022.
6. That I know as a fact that this Honourable Court on December 15, 2022, also ordered the parties in this suit not to take any step that will render nugatory our pending application for interlocutory injunction filled on December 12, 2022.
7. That I know as a fact that this Honourable Court also ordered that any act or step or action taken in the order to make the outcome of our motion for interlocutory injunction filled on December 12, 2022. Nugatory, shall be a nullity.
8. That I know as a fact that the 1st and 2nd Defendants were served with the originating processes, our application for interlocutory injunction on December 15, 2022. Attached herewith and marked Exhibit IT1 and IT1A are copies of the proofs of service of the processes herein referred to.
9. That I know as a fact that the 3rd and 4th Defendants were served with the originating processes and our application for interlocutory on December 13, 2022. Attached herewith and marked Exhibit IT2 and IT2A are copies of the proofs of service of the processes herein referred to.
10. That I know as a fact that the 1st , 2nd, 3rd, and 4th Defendants were on December 15, 2022, served with the order made by this Honourable Court on December 15, 2022. Attached herewith and marked Exhibit IT3 is a copy of the proof of service of the processes herein referred to.
11. That I know as a fact that pursuant to the order of this Honourable Court made on December 15, 2022, granting leave to the Plaintiffs to serve the 5th and 6th Defendants the originating processes and our application for interlocutory injunction by advertising the processes in at least one National, Newspaper circulating within the jurisdiction of this Honourable Court, the 5th and 6th Defendants were served with the originating processes, our application for interlocutory injunction and the order of this Honourable Court made on 15th, 2022, by advertising the said processes on Monday’s edition of Vanguard Newspaper of December 19, 2022. Attached herewith and marked Exhibit IT4 is a copy of the proof of service of the processes vide Newspaper publication of December 19, 2022 at page 30, herein referred to.
12. That I know as a fact that the 3rd and 4th Defendants despite being in receipt of the order of this Honourable Court made on December 15, 2022, proceeded in contempt of the order of this Honourable Court and Applicants motion for interlocutory injunction, when they screened and confirmed the 5th and 6th Defendants as the substantive Chairman and Managing Director respectively, of the Niger Delta Development Commission, on December 20, 2022. Attached herewith and marked Exhibit IT5 and IT6 are the Vanguard (PAGE () and Guardian Newspaper (PAGE 3) publications showing the 5th and 6th Defendant’s confirmation of the 5th and 6th Defendants as the substantive Chairman and Managing Director of the NDDC on December 20, 2022.
13. That the 5th and 6th Defendants’ screening and confirmation of December 20, 2022, was broadcast televised on major Television Stations in Nigeria.
14. That the witful act of the 3rd and 4th Defendants in screening and confirming the 5th and 6th Defendants as the substantive Chairman and Managing Director respectively, of the Niger Delta Development Commission (NDDC), despite receipt of the order of this Honourable Court, the pending motion for interlocutory injunction, is deliberate to steal a match and preempt the outcome and final decision in this suit and to present this Honourable Court with a fait accompli.
15. That the acts of the defendants particularly the 3rd and 4th Defendants in hurriedly screening and confirming the 5th and 6th Defendants as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC), in the face of the order of this Honourable Court delivered on December 15, 2022, while our application for interlocutory injunction is pending, is against sacrosanct adherence to the principle of rule of law.
16. That given the fact that issues have been submitted by the Plaintiffs for adjudication by this Honourable Court, the decision of the Court on the matter one way or the other would be overreached by the allowed continuation of the actions of the 3rd and 4th Defendants, and in particular, the screening and confirmation of the 5th and 6th Defendants.
17. That there is an urgent need for an order of this Honorable Court setting aside the purported acts of the 3rd and 4th Defendants particularly the screening and confirmation of the 5th and 6th Defendants before the determination of the plaintiffs’ pending application for interlocutory injunction, so as to put all the parties herein on a fair and level playing ground.
18. That I know as a fact that the action of the 3rd and 4th Defendants are prejudicial to the res for which the plaintiffs pending application for interlocutory injunction seeks to protect before this Honorable Court.
19. That I know as a fact that this Honorable Court has the power to set aside the 5th and 6th Defendants’ screening and confirmation has the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC), which is the subject matter of this suit and which screening and confirmation were done in total disregard to our pending application for interlocutory injunction filed on December 12, 2022, fixed for hearing on January 13, 2022, and the order made by this Honorable Court on December 15, 2022.
20. That I know as a fact that unless this application is granted, the plaintiffs will be placed in a precarious position as the 5th and 6th Defendants who has been unlawfully screened and confirmed as the substantive Chairman and Managing Director respectively of The Niger Delta Development Commission (NDDC) will be sworn in and inaugurated and will seriously interfere with the subject matter in the suit and in gross violation of our rights even before the hearing and determination of our motion for interlocutory injunction, contrary to the sacrosanct position of the rule of law.
21. The Defendants will not be prejudiced if this application is granted.
22. That it is in the interest of justice and the protection of the dignity of this Honorable Court for this application to be granted.
23. That this Honourable Court has the power to grant the reliefs which we herein seek.
24. That it will serve the interest of fair hearing and justice to grant this application.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit no: PHC/ABJ/2294/2022
BETWEEN:
1. CHIEF EDWARD EKPORO
2. ENGR. VICTOR WOOD
(Both representing Itsekiri Leaders
Of Thought)
3. MR. EDWARD OMAGBEMI
(Representing Omadino Unity Forum)
(All acting for themselves and on behalf of the
Itsekiri Ethnic Nationality of Delta state
AND
1. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA
2. THE ATTORNEY GENERAL OF THE FEDERATION
& MINISTER OF JUSTICE
3. THE PRESIDENT OF THE SENATE OF THE NATIONAL ASSEMBLY
4. THE SENATE OF THE NATIONAL ASSEMBLY
5. MRS LAURETTA ONOCHIE
6. CHIEF SAMUEL OGBUKU
FORM 48
NOTICE OF CONSEQUENCES OF DISOBEDIENCE TO OEDER OF COURT
TO MRS LAURETTA ONOCHIE of F. C. T Abuja.
TAKE NOTICE that unless you obey the directions contained in this order, you will be guilty of contempt of Court and will be liable to be committed to prison.
DATED THIS ………….. DAY OF ……………. 2022
_______________
REGISTRAR
IN THE FEDERAL HIGH COURT OF NIGERIA
IN ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit no: PHC/ABJ/2294/2022
BETWEEN:
4. CHIEF EDWARD EKPORO
5. ENGR. VICTOR WOOD
(Both representing Itsekiri Leaders
Of Thought)
6. MR. EDWARD OMAGBEMI
(Representing Omadino Unity Forum)
(All acting for themselves and on behalf of the
Itsekiri Ethnic Nationality of Delta state
AND
7. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA
8. THE ATTORNEY GENERAL OF THE FEDERATION
& MINISTER OF JUSTICE
9. THE PRESIDENT OF THE SENATE OF THE NATIONAL ASSEMBLY
10. THE SENATE OF THE NATIONAL ASSEMBLY
11. MRS LAURETTA ONOCHIE
12. CHIEF SAMUEL OGBUKU
FORM 48
NOTICE OF CONSEQUENCES OF DISOBEDIENCE TO OEDER OF COURT
TO CHIEF SAMUEL OGBUKU of Yenagoa, Bayelsa State.
TAKE NOTICE that unless you obey the directions contained in this order, you will be guilty of contempt of Court and will be liable to be committed to prison.
DATED THIS ………….. DAY OF ……………. 2022
_______________
REGISTRAR
IN THE FEDERAL HIGH COURT OF NIGERIA
IN ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit no: PHC/ABJ/2294/2022
BETWEEN:
7. CHIEF EDWARD EKPORO
8. ENGR. VICTOR WOOD
(Both representing Itsekiri Leaders
Of Thought)
9. MR. EDWARD OMAGBEMI
(Representing Omadino Unity Forum)
(All acting for themselves and on behalf of the
Itsekiri Ethnic Nationality of Delta state
AND
13. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA
14. THE ATTORNEY GENERAL OF THE FEDERATION
& MINISTER OF JUSTICE
15. THE PRESIDENT OF THE SENATE OF THE NATIONAL ASSEMBLY
16. THE SENATE OF THE NATIONAL ASSEMBLY
17. MRS LAURETTA ONOCHIE
18. CHIEF SAMUEL OGBUKU
FORM 48
NOTICE OF CONSEQUENCES OF DISOBEDIENCE TO OEDER OF COURT
TO MRS LAURETTA ONOCHIE of F. C. T Abuja.
TAKE NOTICE that unless you obey the directions contained in this order, you will be guilty of contempt of Court and will be liable to be committed to prison.
DATED THIS ………….. DAY OF ……………. 2022
