The President, Major General Muhammadu Buhari (retd.), Attorney General of the Federation, Abubakar Malami (SAN), and Senate President, Ahmad Lawan, on Tuesday, failed to honour the summons of the Federal High Court in Abuja to appear for a case challenging the constitution of an interim management committee of the Niger Delta Development Commission.
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The other defendants are Godswill Akpabio, who was sued separately in his personal capacity and as Minister of Niger Delta Affairs, the NDDC, and its interim committee.
Neither Buhari nor Malami was represented by any lawyer despite the service of the court order on them through the AGF’s office.
But Akpabio, the NDDC and the disputed interim board were represented by their lawyers.
While Isyaku Saleh represented Akpabio and the Minister of Niger Delta Affairs (third and fourth defendants), Alex Ejesieme (SAN), represented the NDDC and the interim committee (sixth and seventh defendants).
Ejesieme shortly before the proceedings filed a “conditional memorandum of appearance” indicating an intention to challenge the jurisdiction of the court to hear the case.
The plaintiffs are 13 civil society groups represented in court by their lawyer, Kingdom Okere.
But instead of restraining the committee as requested by the applicants, the judge on March 3 directed the defendants to appear in court on Tuesday to show why the applicants’ request should not be granted.
In their main suit, the plaintiffs alleged that the NDDC interim committee was “constituted illegally” by Akpabio to perform “the statutory functions of the management board of the NDDC”.
They added that “the appointment of the interim committee was in conflict with the statutory provisions of the NDDC Establishment Act.”
The plaintiffs are Centre for Strategy, Ethics and Value, Delta Youth Advocacy for Development, Leadership and Society Aid Initiative, Nigerian Women for Democracy Support UK, Centre for Social Value and Early Childhood Development, Socio-cultural Initiative and Association for Unity and Progress.
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