President Muhammadu Buhari has been advised to reverse the appointment of Ebim Sementari as the acting‎ Managing Director of Niger Delta Development Commission ( NDDC) on the grounds that her appointment contravenes the rule of law.

LEADERSHIP recalls that President  Buhari on December 22 last year dissolved the board of NDDC headed by Mr. Dan Abia and  Mrs. Ibim Semenitari as the new Managing Director

The International Institute of humanitarian and environmental law in a statement said her appointment contravenes‎ the NDDC act which stipulates that when an MD fails to finish his or her four year tenure, another person shall be appointed from his state to complete the term.

‎The Registrar of the Institute, Cyprian Edward- Ekpo said   elders and youths of Akwa Ibom State and other states of the Niger Delta have reacted with threats of hostility against what is perceived as injustice against that Section of the Niger Delta region – a breach of those statutory provisions‎.

He argued that ‎there’s no doubting the fact that President Buhari  has the right and power to dissolve the NDDC  Board and the management committee, and to remove the Managing Director and Executive Director respectively when found wanting in conduct or in abuse of office, the problematic issue is that Akwa Ibom State is being denied its rightful place as the office of the Managing Director has technically returned to Rivers State which was the last occupant of the office in breach of Section 3, 4 and 5 (2) of the NDDC Act.

According to him‎by  virtue of Section 5(1) (a) & (b) of the 1999 Constitution and Sections 3,4 and 5(2) of the Niger Delta Development Commission (CAP N86) LFN 2004 as preserved by Section 318 of the Constitution of Nigeria, President Buhari has erred in law in failing to appoint an indigene of Akwa Ibom State as a successor to the deposed Managing Director Mr. Bassey Dan Abia to complete the state’s .

The Registrar urged the President to urgently remove from office, Mrs. Ibim Semenitari as Managing Director of NDDC, and to appoint an indigene of Akwa Ibom State to the said position immediately in compliance with the NDDC Act.

He said”On December 22, 2015, President Muhammadu sacked the Managing Director of the Niger Delta Development Commission, Mr. Bassey Dan Abia, an indigene of Akwa Ibom State, appointed in accordance to Sections 3 and 4 of the NDDC Act which effect is that the oil producing states statutorily produce the Managing Director and Executive Director for a tenure of four years on a rotational basis

“And if removed in accordance to the Act, a successor be appointed to hold office for the remainder of the term of his predecessor and the successor shall represent the same interest and shall be appointed by the president, subject to the confirmation of the senate in consultation with the House of Representatives.”

“Studying a plethora of petitions that float around our office, calling for intervention to compel by law Mr. President to do the right thing, the case of appointment of Mrs. Ibim Semenitari on the alleged dictate of Mr. Rotimi Amaechi  – one of the romoured principal sponsors of Mr. President’s electioneering campaign, instead of a successor from Akwa Ibom State in breach of Section 3, 4 and 5(2) of the NDDC Act.

He added that “This is condemnable, as the action of Mr. President tantamount to absolute illegality and affront to the Rule of Law.”

“Whereas the President, I believe, has good intentions to reform Nigeria for good, unfortunately, some of his steps, observably, have advanced to the erosion of our democratic system. And if it is not advised, might not only eclipse but would set up precedent for complete masses’ disrespect to the rule of law.’

“The breach, and or attempted breach of NDDC Act have brought great deal of dissatisfactions after the terrible and inadequate funding of the Commission that the Niger Delta region and its states have endured.

Considering our mandate, silence and inaction upon disregards to the Rule of law will no longer be sustained against the interest of the citizenry and all meaning legal institutions.”

Leadership.ng

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