The incorporated trustees of George Uboh Whistle Blowers Network (GUWBN) has dragged President Muhammadu Buhari, Attorney General of the Federation, Abubakar Malami, Minister of Niger Delta Affairs, Godswill Akpabio, the Interim Administrator of NDDC, and the Fiscal Responsibility Commission, to court over the recent appointment of an Interim Sole Administrator for the Niger Delta Development Commission (NDDC), Mr. Effiong Akwa.
In the suit filed on January 8, 2021 at the Federal High Court sitting in Abuja, the Federal Capital Territory (FCT), the plaintiff sought the determination of the following questions:
Whether by virtue of the code of conduct for Ministers and Special Advisers of the Federal Republic of Nigeria subscribed to by such Ministers, including the 3rd defendant, Senator Godswill Akpabio, the said 3rd defendant should take decisions solely in terms of the public interest, eschewing personal, financial or other material benefits.
Whether by the relevant provisions of the fiscal responsibility act, 2007, the appointment of the 4th defendant, Effiong Akwa, as the Sole Administrator of the Niger Delta Development Commission, is ultra vires in circumstances that would lead to corruption, embezzlement and the misuse of public funds ought to be allowed to stand.
Whether by virtue of the combined effect of section 2(1) of part 1 and section 8 (a) and (b) of part 11 of the Niger Delta Development Commission Act (as amended) 2000, if the appointment of Mr. Effiong Akwa as the Interim Administrator for the Niger Delta Development Commission is ultra vires the powers of the 1st defendant, President Buhari, pursuant to the said provisions.
The plaintiff therefore sought the following from the court:
1) A declaration that by virtue of the code of conduct subscribed to by the Ministers and Special Advisers of the Federal Republic of Nigeria, including the 3rd defendant, Senator Akpabio, the said 3rd defendant ought not to take decisions that are solely motivated by personal gain or other material benefits such as political ascendancy.
2) A declaration that by virtue of the relevant provision (Section 50-51) of the fiscal responsibility act, 2007, the appointment of the 4th defendant, Effiong Akwa, by the 1st defendant, President Buhari, upon the recommendation of the 3rd defendant, as the interim administrator of the Niger Delta Development Commission in circumstances that would encourage corruption, embezzlement and misuse of public funds ought not to be allowed to stand, and
3) An order setting aside the appointment of the 4th defendant, Effiong Akwa, as the Interim Administrator of the Niger Delta Development Commission, such appointment being ultra vires the powers of the 1st defendant, President Buhari, pursuant to the combined effect of Sections 2 (1) of part 1 and Sections 8 (a) and (b) of part 11 of the Niger Delta Development (Establishment act) 2000, as amended.
The suit was filed by Charles Ude, Esq. of Charles Ude & Co. and Kenneth Nkwocha, Esq. on behalf of the plaintiff and was supported by an affidavit issued by GUWBN chairman, Dr. George Uboh.
