Falana Tells Court To Prevent Ministry From Overseeing NDDC

Femi Falana, a human rights attorney, has submitted an originating summons before a Federal High Court in Abuja, requesting that the Niger Delta Development Commission be returned to the direct control of the President and removed from the Federal Ministry of Niger Delta Affairs.

In the lawsuit with the file number FHC/ABJ/CS/111/2023, Falana argued on behalf of the plaintiffs, Incorporated Trustees of Juryman and Myson Nejo, that the Ministry of Niger Delta Affairs lacked the authority to oversee the NDDC’s operations.

The Niger Delta Affairs Minister, Umana Umana, the President of the Federal Republic of Nigeria, and the Attorney General of the Federation are being sued.

The four issues put before the court for determination by Falana include “Whether upon a calm consideration and proper construction of Sections 7(3), 9(2), 17, 18, 19, 20, 21 and 23 of the Niger Delta Development Commission (Establishment Etc.) Act 2000, the 1st defendant (Umana) can unilaterally exercise a supervisory role over the NDDC.”

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He is also seeking eight reliefs including a perpetual injunction restraining the Niger Delta affairs minister, his agents and privies from “parading himself as the supervising minister of the NDDC and from performing functions, exercising powers and duties attached to the 2nd defendant under Sections 7(3), 9(2), 17, 18, 19, 20, 21 and 23 of the NDDC Act.”

The plaintiffs are also seeking a declaration that the President’s purported transfer and delegation of his functions to the Niger Delta Affairs ministry.

The NDDC used to be domiciled in the Presidency through the Office of the Secretary to the Government of the Federation. However, it was moved to the Federal Ministry of Niger Delta Affairs a few years ago.

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