COMMUNIQUE REACHED BY THE NIGER DELTA PEOPLE'S
MOVEMENT AT THE END OF IT'S MEETING HELD ON FRIDAY, 22nd JANUARY 2016.
RE: NDDC, Reverse Seminitari's Appointment, PMB Advised.
We have observed, over time, attempts by various
supposed pro-Niger Delta groups to get President Muhammadu Buhari reverse his
recent appointment of Mrs. Seminitari's as the Acting Managing Director of the
Niger Delta Development Commission (NDDC).
Most of these groups, we have noticed, had no
existence before now and are likely phantom groups existing only in the
imaginary land with one man running it from the comfort of his bedroom for the
purpose of what are now known as stomach infrastructure.
As a true Niger Deltan group who doesn't concern
itself with frivolities, we would have ordinary ignored this trend. However,
keeping quiet would be tantamount to leaving members of the public in perpetual
ignorance, especially in the face of the recent release from a group which
identified itself as the International Institute of Humanitarian and
Environmental Law. Where it alleged, albeit ignorantly, that the President
contravened some laws in Mrs. Ibim Seminitari's appointment.
In its arguments, the group quoted Sections 3 , 4
and 5 of the NDDC Act. It also referred to Section 5 (1)(a) & (b) of the
Constitution of the Federal Republic of Nigeria, 1999 as Amended. For the
purpose of clarity, we wish to produce these provisions word for word:
Sections 2,3,
4 and 5 of the NDDC Act ;
2. (1) There is hereby established for the
Commission a governing Board (in this Act referred to as "the
Board"), which shall consist of-
(a) A Chairman;
(b) One person who shall be an indigene of an oil
producing area to represent each of the following member States, that is,
(i) Abia
State,
(ii) Akwa-lbom State,
(iii) Bayelsa State,
(iv) Cross River State,
(v) Delta
State,
(vi) Edo State,
(vii) Imo State,
(viii) Ondo State, and
(ix) Rivers State;
(c) Three persons
to represent non-Oil mineral producing States provided that such membership
should be drawn from the remaining geo-political zones which are not
represented in the Commission;
(d) One representative of Oil producing companies in
the Niger- Delta nominated by the Oil producing companies;
(e) One person
to represent the Federal Ministry of Finance;
(f) One person
to represent Federal Ministry of Environment
(g) The managing
Director of the Commission
(h) Two executive Directors
(2) The
Chairman and other members-of the Board shall-
(a) Be appointed
by the President, Commander-in-Chief of the Armed Forces, subject to the
confirmation of the Senate, in consultation with the House of Representatives.
(b) Be persons
of proven integrity and ability.
(3) The members of the Board referred to in
paragraph (a - f) of sub-section (1) of this section shall be part-time members
(4) The
supplementary provisions set out in the Schedule to this Act shall have effect
with respect to the proceedings of the Board and the other matters contained
therein.
3. (1) Subject
to the provisions of section 4 of this Act a member of the Board, other than an ex-officio member, shall
hold office for a term of 4 years
at the first instance and may be re-appointed for a further term of 4 years and no more
(2) A member of the Board other than ex-officio
member, may resign his appointment
by notice, in writing under his hand addressed to the President Commander-in-Chief of the Armed Forces, which resignation
shall take effect only upon receipt by
the President, Commander-in- Chief.
4. The office
of the Chairman shall rotate amongst the member states of the Commission in the
following alphabetical order.
(a) Abia State;
(b) Akwa-Ibom State;
(c) Bayelsa
State;
(d) Cross-River
State;
(e) Delta
State;
(f) Edo
State;
(g) Imo
State;
(h) Ondo
State; and
(i) Rivers
State,
5. (1)
Notwithstanding the provisions of section 3 of this Act, a person shall cease
to hold office as a member of the Board if-
(a) He becomes bankrupt, suspends payment or
compounds with his creditors; or
(b) He is
convicted of a felony or any offence involving dishonesty or fraud, or
(c) He becomes
of unsound mind, or incapable of carrying out his duties; or
(d) He is
guilty of a serious misconduct in relation to his duties; or
(e) In the
case of a person possessed of professional qualifications, he is disqualified
or suspended, other than at his own request, from practising his profession in
any part of the world by an order of a competent authority made in respect of
that member: or
(f) He resigns
his appointment by a letter addressed to the President, Commander- in-Chief of
the Armed Forces.
(3) Where a vacancy occurs in the membership of
the Board it shall be filled by the appointment of a successor to hold office
for the remainder of the term of office of his predecessor, so however, that
the successor shall represent the same interest and shall be appointed by the
President, Commander-in-Chief of the Armed Forces subject to the confirmation
of the Senate in consultation with the House of representatives.
They particularly hinged their argument on
subsection 3 of Section 5. They interpreted the 'interest' in the context as
meaning state of origin. And claimed that the next Chairman of the Board is
supposed to come from Akwa Ibom State so as to finish the tenure for that
State, rather than Rivers State in the light of that provision. While their first interpretation may have
some iota of truth in it. Their application of it is completely misleading and
put a question mark on their acclaimed status of being a pro-legal body.
First, a holistic read of Section 5 will reveal that
the section specifically addresses the issue of membership and not
Chairmanship. Section 2(2) referred to Chairman and members separately. It then
means that their argument, if it will hold water, can only have bearing where a
member is to be replaced and not the Chairman.
Secondly, the provision is applicable to appointments in a substantive
board and not one in an acting capacity.
We therefore urge Mr. President to ignore these
detractors and attention seekers. The progressive minded people of the Niger
Delta are in full support of the appointment of Mrs. Ibim Seminitari, which
contravened no law. In fact, we are surprised at the pace of work and utmost
zeal on her part. The Commission for the first time, since its creation, is
serving the purpose for which it was created.
Dame Ibifuro Thompson Tatua
For: Niger Delta People's Movement