There’ll Be Anarchy If Buhari Refuses To Replace Bernard Okumagba As NDDC Nominee -Niger Delta Community Tells Court
SAHARA REPORTERS
In an affidavit deposed to by David Odeli, Steven Etsano, and David Iwere Tisun Community against Buhari, the National Assembly, the NDDC and Okumagba, the community said
The people of Tisun Community of Warri North Local Government Area of Delta State have approached a federal high court sitting in Benin City, Edo State for disqualification of Bernard Okumagba’s nomination as the Niger Delta Development Commission (NDDC), urging President Muhammadu Buhari to adhere strictly to the laws that established the Commission.
In an affidavit deposed to by David Odeli, Steven Etsano, and David Iwere Tisun Community against Buhari, the National Assembly, the NDDC and Okumagba, the community said Odeli: “That I am the first Plaintiff/Applicant in this suit and the secretary of Tisun Community management council in the Warri North Local Government Area of Delta State Nigeria. Tisun Community is a host Community to Chevron/NNPC Joint Ventures, operators of the oil mining licence (OML 49) and by virtue of which I am conversant with the fact of this case.
“That the 5th defendant is a Nigerian and from Okere-Orhobo Community in Warri-South Local Government Area of Delta State, a non-oil-bearing area/community and a card-carrying member of the Peoples Democratic Party (PDP).
“That on the 27th day of August, 2019, the office of the Secretary to the Federal Republic of Nigeria, announced that the 1st defendant/respondent has nominated and about to forward the name of the 5th defendant/respondent to the 3rd defendant/respondent for screening and confirmation as the managing director of the 4th defendant/respondent.
That the said announcement of the name of the 5th defendant/respondent was published in all the national dailies including the vanguard of on the 28th August 2019, the said vanguard publication is attached and marked as Exhibit “B”.
“That I know as a fact that the 5th defendant/respondent is an indigene of Okere Orhobo community and whose community is not an oil-bearing community
“That I also know as a fact that the fifth defendant/respondent being an indigene of Okere Orhobo community and whose community is not an oil-bearing community/area cannot be nominated, screened, confirmed and be appointed as the managing director of the 4th defendant.”
Odeli stated further in the affidavit: “That I also know as a fact that persons nominated, screened, confirmed as managing director of the 4th defendant/respondent over the years have been persons from an oil-bearing community/area.
“That I also know as a fact that one Engr. Omene Joseph who is from Omosogar in Ethiope East Local government of Delta State, an oil-bearing community/area was nominated and his name forwarded to be screened and confirmed by the 3rd defendant as the managing director of the 4th defendant.
“That I also know as a fact that one Emmanuel Aguvariawado an indigene of Okpara in Otu-Jeremi in Ugheli South Local Government of Delta State an oil-bearing community/area was also nominated and his name forwarded to the 3rd defendant for Screening and confirmation in the year 2013 though on an acting capacity of the 4th defendant.
“That I know as a fact that the 5th defendant/respondent is from Okere Urhobo Community in Warri South Local Government of Delta State a non-Oil bearing community/area, the list of the oil-bearing communities/areas in the Warri South Local Government of Delta State are as follows: Omadinor community, Obodo community, Gbokodo community, Wakanor community.”
Arguing further, the affidavit stated, “That the nomination and forwarding of the name of the 5th defendant/respondent to the 3rd defendant/respondent to be screened and confirmed as the Managing Director of the 4th Defendant/Respondent is not valid.
“That I know as a fact that the 5th defendant/respondent not being an indigene of an oil-bearing community/area cannot be appointed as the managing director of the 4th defendant.
“That I also know as a fact that the forwarding of the 5th defendant/respondent name to the 3rd Defendant/Respondent for screening and confirmation will spark up agitation/crisis amongst the
oil-bearing communities/areas in Delta State.
“That I also know as a fact that the 5th defendant/respondent not being an indigene of an oil-bearing community/area, if screened and confirmed by the 3rd defendant, may not be able to perform/ carry out the functions of the 4th defendant/respondent equitably.”
Odeli argued further: “That the purported announcement of the name of the 5th defendant/respondent on the 27th day of August 2019 by the 1st defendant and its agents is targeted at putting the oil-bearing communities/area into untold crisis.
“That I also know as a fact that the decision taken by the 1st defendant/respondent, if not reversed and fresh nomination made, the oil-bearing communities in Delta State will be thrown into a state of anarchy and confusion including the plaintiffs/applicants community.
“That unless this honourable court invoke its equitable jurisdiction to intervene, the defendants/respondents will continue in their illegal act of the appointment of the 5th defendant as the managing director of the 4th defendant/respondent.
“That the act of the defendants/respondents will undermine the right of the plaintiffs/applicants and that that of their community, an oil-bearing community, if not checked by the intervention of this honourable court.
“That there is a serious issue to be tried to the substantive/main suit.
“That the injunction sought will not prejudice any of the parties but will preserve the res pending the hearing and determination of this suit already filed in this Honourable court.
“That the balance of convenience is in favour of the plaintiffs/applicants.
“That I undertake to salvage any damage that could result in the unlikely event that this order ought not to be granted in the first place.
“That I do solemnly and sincerely declare that Act. I make this solemn declaration conscientiously believing the same to be true and correct by virtue of the provision of the oath.”
There have been numerous litigation and protests across Niger Delta states since Buhari announced the NDDC board appointments in August with calls to him not to violate the existing laws that established the commission.