Court Bars NDDC From Executing Projects Without RSG Consent

A state High Court sitting in Port Harcourt has ordered the Niger Delta Development Commission (NDDC) to always seek the consent of the Rivers State Government before the execution of projects in any part of the state.
This was the judgment of the state High Court presided over by Justice Adolphus Enebeli, last Wednesday, in a suit by the Rivers State Government, Governor Nyesom Wike, and the Attorney General and Commissioner for Justice of Rivers State against the NDDC, and its former Managing Director, Nsima Ekere; former Executive Director, Finance and Administration, Derick Meene; and others instituted in 2017.
Justice Enebeli, in his ruling in the matter, granted a declaration sought by the claimants that under Rivers State Physical Planning Law, Rivers State Land Law, and Rivers State Urban Development Law, the NDDC or its agents have no power to claim any land or execute any project, including street lights, water supply, road, jetty, and other infrastructures in any part of Rivers State without the consent of the government.
The court, however, refused to grant the declaration sought by the claimants to invalidate or void Section 7 and 8 of the NDDC Act, which borders on the developmental roadmap of the nine states of the Niger Delta region without recourse to other Niger Delta states.
Justice Enebeli said the proposed 60 projects for execution across the state by the then NDDC-led management team, which was the subject of the litigation, if allowed, will affect urban development and undermine the Land Use Act as applicable to Rivers State.
He, therefore, ruled that there was need for the commission to seek the consent of the state government for the execution of such projects in the state as development agents.

Akujobi Amadi