The Niger Delta Development Commission, NDDC, and the
Minister for Niger Delta Affairs, Senator Godswill Akpabio, have both asked a
Federal High Court sitting in Abuja to dismiss a suit by two Niger Delta
activists demanding the sack of the NDDC Interim Management Committee, IMC.
The suit instituted by Akhareme Lucky, Edward Brisibe and
two others in a motion on notice, are praying the court to sack the IMC members
all of whom are 4th-8th defendants and restrain Chief Akpabio who is the 2nd
defendant from recognizing the IMC pending the hearing of a substantive suit
questioning the legality of the IMC in accordance with the NDDC act which is
currently before the same court.
On its part, the IMC is questioning the indigenous status of
the plaintiffs, both of whom have responded backing themselves with their
constitutional obligations to uphold the rule of Law.
Counsel to the NDDC, its IMC members and Chief Akpabio, Alex
Ejesieme SAN and Isyaku Saleh in their respective preliminary objections,
stated that the plaintiffs lack the locus standi to institute and maintain the
suit adding that the court lacks the requisite jurisdiction to hear the suit.
Presenting his issues for determination, the IMC described
the suit by the plaintiffs as an invitation to trample on the sacred principle
of separation of power adding that the suit is simply targeted at the court to
usurp the executive powers of President Mohammed Buhari to appoint an interim
management board.
He said: “We therefore urge your lordships to completely
discountenance the plaintiff’s faux pascontention in this regard and resolve
the lone issue for determination in favour of the defendant and against the
plaintiffs. We urge your lordship to reject that invitation and accordingly
dismiss this suit.”
Akpabio on his part through his counsel, described the case
of the plaintiffs as hypothetical, speculative and academic, adding that “they
lack the locus standi to maintain the suit for failing to demonstrate any
direct legal benefit to them and urged the court to so hold and resolve this
preliminary objection in favour of the 2nd defendant.”
The presiding judge, Justice Inyang Ekwo adjourned the case
to July 22 for further hearing upon the presentation of reply on points of law
presented by counsel to Akpabio.
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