Strong indications have emerged that crisis looms following the transfer of the Niger Delta Development Commission (NDDC) from the Presidency to the Ministry of Niger Delta Affairs as lawyers and a group under the aegis of Accountable Leadership for Better Nigeria Initiative (ALBNI) have kicked against the action.
Subsequently, the lawyers and the group have written a letter of protest to the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, to, as a matter of urgency, carry out a holistic investigation into why President Muhammadu Buhari took the decision to transfer the agency to the ministry.
According to them, the Minister of Niger Delta Affairs and former Akwa Ibom State governor, Senator Godswill Akpabio wrote to the Chief of Staff to President Muhammadu Buhari, Abba Kyari, requesting the transfer, which was approved.
In a letter to Malami, signed by Tolu Babaleye, on behalf of the group, Akpabio has been given a 14-day ultimatum to reverse the action, warning that failure to do that would force them to approach the court for redress.
In the letter dated October 10, and entitled, “Illegal Transfer of Niger Delta Development Commission from Presidency to Ministry of Niger Delta Affairs: Demand for Immediate Reversal”, the group expressed displeasure and sadness over the recent illegal, and what it described as unlawful action taken by the duo of Akpabio and Abba Kyari.
The group warned that if not checked, the development might lay a bad precedent in the country, hence it became imperative to bring the action to the notice of the chief law officer of the federation and Justice Ministry to unearth the underlying factor which necessitated such action.
The letter read, “We are the solicitors to Accountable Leadership for Better Nigeria Initiative of No. 9A, Nnewi Street, Area 2, Garki, Abuja, and Act Initiatives of Suite C10, PEB 04 Plaza, Plot 2027, Dalaba Street, Wuse, Zone 5, Abuja, (hereinafter freely referred to as our clients), and it is on their instructions and behest that this letter is caused to be remitted to you.
“Our clients are reputable non-governmental organizations with commitment and passion for an orderly society and a better Nigeria where things are done by leaders in accordance with the laid down legal standards to engender good governance for the betterment of the citizenry.
“Our clients, as good governance watchdogs, wish to use this medium to express their displeasure and sadness over the recent illegal and unlawful action taken by the duo of the Honourable Minister of Niger Delta Affairs, Senator Godswill Akpabio and the Chief of Staff to President Muhammadu Buhari, Mr. Abba Kyari, which, if not checked, might lay a bad precedent in the country, and our clients feel very strongly that this must be brought to the notice and knowledge of the chief law officer of the federation and Justice Ministry to unearth the underlying factor necessitating such action.
“Your Honourable Sir, via a letter dated September 2, 2019, with Reference No. SH/COS/81/A/1900 signed by Mr. Abba Kyari, and addressed to Honourable Minister, Ministry of Niger Delta Affairs, which is under the supervision of Senator Goodwill Akpabio, the former granted the request of the latter by transferring and purportedly delegating the management and control of the Niger Delta Development Commission to the ministry under Senator Goodwill Akpabio without consultation with the relevant stakeholders; which action is against the law of the land as the Office of the President of the Federal Republic of Nigeria is by virtue of Section 7 of the Niger Delta Development Commission Act charged with the sole responsibility of overseeing the affairs of the commission and same is not delegate-able to any person or body. The principle is delegatus non-potest delegare.
“Our clients are left in awe as to the rationale behind the actions of Messrs Kyari and Akpabio and the pecuniary gains they intend to get in brazenly circumventing the law.
“As stakeholders in the Nigeria project, our clients are greatly concerned and profoundly worried about this patently illegal and unlawful act being perpetrated by men on whom President Muhammadu Buhari rely to help him drive his administration mantra which is based on Next-level goal and good governance.
“This is disheartening and disconcerting, to say the least. Our clients are of the strong opinion that this ugly development must not be allowed to be swept under the carpet, hence this letter of petition to your exalted office for reversal of this infraction of our Constitution and NDDC Act.
“In the light of the foregoing, our clients hereby unequivocally demand immediate reversal of the action of Messrs Kyari and Akpabio and restore the Niger Delta Development Commission to its appropriate and original statutory domain as an autonomous commission which is the Office of the President of the Federal Republic of Nigeria in the interest of the Nigerian public, public probity and good governance.
“We on behalf of our client believe that your exalted office should be able to work on the reversal and achieve it within 14 days of service of this letter on you including the date of service.
“We shall take to our client’s outstanding instructions of taking the matter to court at the expiration of the time stated above if the matter is not resolved to the knowledge of Nigerians.
“While waiting for feedback from your exalted office on this petition, please, accept the esteem of our due professional regards and warmest compliments of our clients.”
Meanwhile, as reactions continue to trail the planned transfer of Niger Delta Development Commission (NDDC) from the office of the Presidency to the Ministry of Niger Delta Affairs, a non-governmental organization, the Niger Delta Youth Coalition (NDYC) has opposed the move, saying it would be counter-productive.
The National Coordinator of the NDYC, Prince Emmanuel Ogba, said such move would make the commission less effective in delivering development to the Niger Delta region.
Ogba said in an interview with our correspondent, yesterday, in Port Harcourt, that, “If the commission is finding it difficult to make needed impact on the people when it is under the direct supervision of the Presidency, it will even be worse under the supervision of the Niger Delta Ministry”.
He described those behind the new move as enemies of the region, urged the Federal Government to rather think of a better way of reviving the commission to provide development as an interventionist agency than transferring it to the ministry.
“The whole idea is funny in the sense that even the Niger Delta Ministry we are talking about is showing obvious sign of a failed ministry. It needs help.
“Since its creation, what reasonable impact can you attribute to the ministry in terms of meaningful projects’ execution?
“So, transferring the supervision of the NDDC from the Presidency to the Niger Delta Ministry will kill these two organs of development and that will spell doom for the region”, he said.
He advised President Muhammadu Buhari to disregard the suggestion, stressing that such idea could only come from those who do not mean well for the region and also want Buhari’s administration to fail in the region.
The NDYC boss called on Buhari to focus on unmasking those who defrauded the commission and made it fail with huge number of abandoned projects.
“Trace the stolen wealth of the commission and strengthen the supervision of the agency, and you will see remarkable difference”, Ogba said.
Ogba further pointed out that the move to transfer the commission away from the Presidency contradicts the act that established the commission.

Chris Oluoh