As Sementari’s Appointment Continues To Generate Controversies. 

The appointment of Ebim Sementari as NDDC boss by President Muhammadu Buhari has continued to generate controversies, as questions are now being asked whether the rule of law or the president’s discretion should be the key in making appointments. JONATHAN NDA-ISAIAH writes.  
The Niger Delta region in recent years has been crying of marginalisationas indigenes of the region claim they have been neglected by successive governments. According to them, they are the goose that lays the golden egg as the mainstay of the country’s economy which is crude oil is from their region.
In trying to rehabilitate and revive the region, the Niger Delta Development Commission (NDDC) was created by former President Olusegun Obasanjo in 2000 with the sole aim of developing the Niger Delta region. The NDDC was seen as a response to the demands of marginalisation and neglect by the Niger Delta People.
However, the aim of the commission was defeated as 15 years after the creation of the commission, the standard of living in the region has not improved. Successive managing directors of the agency have failed to address the basic needs of the people of the region .The commission in recent years has been mired in corruption.
In trying to correct the anomaly, President Muhammadu Buhari, in December last year, appointed Ebim Sementari as the acting managing director of the Commission.
Before her appointment, she had served in the Communications Directorate of the Buhari Presidential Campaign Organisation during the 2015 presidential election.
Before then, Semenitari had served as Commissioner of Information and Communications in Rivers State under the Administration of Rt Hon Chibuike Rotimi Amaechi.
The appointment has continued to generate controversies as observers are of the opinion that her appointment contravenes the NDDC acts and they view her appointment as a compensation for the role she played in President Buhari’s campaign in the build up to the general elections.
The controversy has also brought up a lot of questions on whether the president has the powers to appoint heads of agencies, commissions or boards without the necessary regard to the acts guiding those agencies.
Some political analysts argued that the president has the powers to hire and fire heads of agencies at the drop of a hat irrespective of rules guiding the agencies or commissions especially in cases of corruption or incompetence.
Immediately after her appointment, elders of Eket Federal Constituency in Akwa Ibom protested her appointment, describing Abia’s replacement whose tenure was yet to elapse, as an insult on Akwa Ibom people.
However, the controversy over her appointment seems not be abating as President Buhari has been advised to reverse the appointment of Sementari as NDDC boss on the grounds that her appointment contravenes the rule of law.
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 him, by 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 tenure.
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 rumoured 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 is 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 the NDDC Act has 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.”
The Registrar further explained that between December 2015 and January 2016, they had received a plethora of petitions from youth and stakeholders in the Niger Delta – beckoning their intervention to urge the president to ensure the observance of the Rule of Law with regards to certain provisions of Niger Delta Development Commission (Establishment) Act CAP N86 laws of the Federation of Nigeria, 2004.
“Our letters to Mr President, dated December 9, 2015 and December 29, 2015 with Ref. No. RG/ISHERL/NA/A20/Vol.12/15 and RG/ISHERL/NA/A21/Vol.12/15 have addressed the facts of this matter.”
“Section 14 of the NDDC Act statutorily requires payment and crediting to account of NDDC by the Federal Government, 15 percent of the total monthly statutorily allocations due to member states of the commission from federation account, and 50 percent of the monies due to ecological fund, for development of the region. This section has continuously been frowned at by the Federal Government which has withheld billions of unremitted funds accruable to NDDC.
“In the particular dimension which actually propels this forum, the breach of Sections 3, 4 and 5(2) of the NDDC Act recently came to focus.”
“The motto of Mr President has been the actualisation of positive change. We believe and enjoin this change to be for the benefit of the life of the citizenry and the present administration as well.”
“We will revisit the president’s proposal on “change” as soon as we can, and we will support him in all ramifications, including reminding him to be properly guided when dealing with matters that impinge on the Rule of Law.”
“On the eve of our position with regards to the forgoing presentation, the Institute Directorate of Public Interest and Litigation has made the following declaration and demands:
A declaration that poverty of funds has caused abandoned projects as a result of Federal Government refusing to release funds adequately to NDDC.
A demand that the Federal Government of Nigeria henceforth releases and pays its unremitted funds to NDDC accounts timely for adequate development of the Niger Delta region.
“I hope Mr President will accept our candid advice and turn to understand the relevance and prevailing disposition of the Rule of Law, and the sympathies of the Niger Delta people and that of the entire Nigerian citizenry.”