A Delta State High Court sitting in Warri, has been asked to nullify the appointment of Mr Michael Diden, popularly known as Ejele, by Governor Ifeanyi Okowa as Chairman, Board of the State Oil Producing Areas Development Commission (DESOPADEC).
An anti-corruption group known Centre for Human Rights and Anti-Corruption Crusade (CHURAC), in a case with suit No. W/154/2019, argued that the appointment of Ejele as DESOPADEC chairman negates the provision of the act establishing the interventionist agency.
The group emphasised it based its argument on the fact that the former chairman of the board, Mr Godwin Ebosa, hails from the same ethnic nationality (Itsekiri) with the defendant.
Joined as respondents in the suit are Governor Ifeanyi Okowa (1st defendant), Attorney General of Delta State (2nd defendant), Speaker of Delta State House of Assembly (3rd defendant) and DESOPADEC chairman, Hon. Michael Diden (4th defendant).
In a statement issued by a member, Board of Trustee/Publicity Secretary of the group, Mr Oyinkedi Fuofegha, the case has been slated for hearing on August 19, 2019 at the State High Court in Warri.
It maintained that Mr Okowa, by virtue of the provisions of Section 7(1) a, b & c and (2)a & b of the DESOPADEC Law, 2015 (as amended in 2019), cannot validly appoint the Ejele (4th Defendant) as chairman of the commission when the Governor had previously appointed the former chairman from the Itsekiri ethnic nationality.
The suit filed on behalf of the claimant by J.P Oromoni is seeking the declaration of the court to compel Governor Okowa (1st defendant) to withdraw the appointment of the Ejele (4th defendant) as he is not qualified to be appointed as board chairman pending the determination of the substantive suit.
According to it, “That by virtue of the provisions of Section 15(1), (2) a & b and (3) of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) the 1st Defendant cannot nominate for appointment any person as a member of the Governing Board of Delta State Oil Producing Areas Development Commission (DESOPADEC) whose ethnic nationality produced the immediate past Board Member of the same office.
“Appointing the 4th Defendant as Chairman from Itsekiri Ethnic Nationality into the governing board of the Delta State Oil Producing Areas Development Commission having earlier appointed one Godwin Ebosa as Chairman in the Governing Board of the Delta State Oil Producing Areas Development Commission (DESOPADEC) from the same Itsekiri ethnic nationality in 2015 is an aberration.”
The group further prayed the court that by virtue of Sections 2, 7(1) a, b & c and (2) and Section 15(1), (2) a & b and (3) of the Delta State Oil Producing Areas Development Commission Law, 2015 (as amended in 2019) no Ethnic Nationality who has produced or is producing either the Chairman, the Managing Director or the Executive Directors can succeed itself without following the rotational circle as provided in the Law.
While also urging the court to compel the defendants to put up an appearance within 30 days after service of this summons on them, inclusive of the day of such service cause an appearance to be entered for them and file any other process in response to this summons which is issued upon the application of the Originating Summons of the Claimant.
Ejele was sworn in as chairman of DESOPADEC board alongside 16 others on July 31 by Governor Okowa in Asaba, the state capital.