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Friday, March 29, 2024

The Manifest Illegality By Buhari In Appointing Ibim Semenitari As Sole Administrator Of NDDC [LEGAL OPINION]

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[dropcap]D[/dropcap]emocracy is a system of government founded on and sustained by the rule of law. Autocracy is a system of government by one person having absolute power. With the character of the consistent actions of the present government, it is not in doubt that governance in Nigeria is drifting away, sensu stricto, from rule of law to rule by fiat. No institution of government, in the short span of this present administration, has been spared from manipulations, leaving many amazed at the brazen audacity to undermine extant laws of the land and compromise Nigeria’s democracy.

The appointment of Ibim Semenitari, the controversial former spokesperson of Rotimi Amaechi as Sole Administrator of the Niger Delta Development Commission has continued to elicit wide condemnation rather than commendation from all sections of the Nigerian society. The action is fundamentally flawed on many grounds, of which the most important are:

1. OFFICE OF SOLE ADMINISTRATOR IS ALIEN TO THE NDDC ACT

No part of the NDDC Act provides for the office of Sole Administrator of the Commission. The office is unknown to law and is an alien injection imported to mastermind a sinister political objective.

2. IT IS UNJUST TO APPOINT A NON AKWA-IBOM INDIGENE AS MD DURING THE PENDENCY OF THE MDship OF AKWA IBOM STATE

S. 4 of the NDDC Act clearly provides for Rotation of Office Of Chairman of the Commission as follows:
“(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; “

The argument that Ibim’s appointment is in acting capacity is not tenable as no part of the law authorizes the President to appoint anyone in an acting capacity to oversee the operations of the Commission. The procedure for filling vacancies are clearly stipulated and would be addressed shortly.

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3. LACK OF DUE PROCESS

S. 2 of the NDDC Act clearly provides for the procedure for appointing Chairman and Board Members of the Commission as follows:
“(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; and
(b) be persons of proven integrity and ability . “

This defined and clearly stipulated procedure was avoided and a new procedure unknown to law was invented by fiat.

As regards filling vacancies in the board, the law is succinct. It provides as follows: “(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.”

It also clearly states a Successor shall represent the same interest as the former occupant of the office prior to the vacancy. The implication of this is that by Ibim’s appointment during the pendency of the term of Akwa Ibom State to produce the head of the Commission, Akwa Ibom State is being unjustly denied its right guaranteed by law to produce leadership of the NDDC and the Presidency is violating clearly provided laws of the land and promoting disaffection among neighbouring States and within the Commission.

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LACK OF NASS ENDORSEMENT

S. 2 of the NDDC Act clearly provides for the involvement and endorsement of the National Assembly in the appointment of the  Chairman and Board Members of the Commission as follows:
“(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; and
(b) be persons of proven integrity and ability . “

The unilateral appointment of Ibim Semenitari by the President without recourse to the Senate and in violation of clearly provided laws of the land smacks of draconian dictatorship  especially within the lifespan of a supposed democracy.

QUESTIONABLE QUALIFICATION

“(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; and
(b) BE PERSONS OF PROVEN INTEGRITY AND ABILITY . “

Going by S (2)(b), Ibim is disqualified from being appointed MD whether in acting or substantive capacity based on the records of her questionable past marked by the well publicized recovery of an illegally possessed government vehicle from her premises. On that score, she cannot be a person of integrity, except the word has a new meaning with the current government.

ABSENCE OF BOARD WILL PROMOTE CORRUPTION

S. 12 of the NDDC Act provides as follows:
(2)  The Managing Director shall,SUBJECT TO THE GENERAL DIRECTION OF THE BOARD, be responsible:
(a)  for the day to day administration of the Commission;
(b)  for keeping the books and proper records of the proceedings of the Board; and
(c) for-
(i)  the administration of the secretariat of the Board and
(ii) the general direction and control of all other employees of the Commission.

The absence of an NDDC Board gives Ibim Semenitari wide powers that will go unchecked and was not envisaged by the law creating the Commission. The actions of the MD of the NDDC were designed to be moderated by the members of the Board. The refusal to appoint a Board for the Commission and allow Ibim operate unchecked is not only illegal, it is criminal. It is against the law and will promote corruption especially given her antecedents.

QUESTION: WITHOUT A BOARD, DOES IBIM HAVE THE CAPACITY AND RIGHT TO PERFORM THE FOLLOWING FUNCTIONS?

“8.        The Board shall have power to:
(a)   manage and supervise affairs of the Commission;
(b)  make rules and regulations for carrying out the functions of the
Commission
(c)      enter and inspect premises, projects and such places as may be
necessary for the purposes of  carrying out its functions under
this Act;
(d)    pay the staff of the Commission such remuneration and
allowances as appropriate;
(e)      enter into such contracts as  may be necessary or expedient for
the discharge of  its functions and ensure the efficient
performance of the functions of the Commission;
(f)      do such other things as are  necessary and expedient for the
efficient performance of the functions of the Commission; “

According to Plato “Dictatorship naturally arises out of democracy, and the most aggravated form of tyranny and slavery out of the most extreme liberty”

Fellow Nigerians, we are by the liberty of our very hands and deafening silence, providing the dictator the very material with which to strangulate our existence.

Ibim Semenitari’s appointment is a violation of the rule of law and a forerunning action to more daring violations of our laws and liberties. The people of Akwa Ibom State do not deserve to be shortchanged. This is their time. Rivers has had her’s. Why deprive and punish Akwa Ibom because of the hatred for Sen. Godswill Akpabio?

We must put an end to vindictive politics and get our country running again.

Oraye St. Franklyn is a barrister and senior special assistant to Governor Nyesom Wike on Social Media. He is a strategic communicator and good governance advocate, writes from Port Harcourt, Rivers State. He tweets from @RealOraye. He is also on Facebook.

The opinions expressed in this article are solely those of the author.

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