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Professor of Law Writes The Senate Over Usurpation Of The Powers Of NDDC Board

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3 years ago

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HOW LAURETTA ONOCHIE IS FIGHTING TIMIPRE SYLVA'S GUBERNATORIAL AMBITION.

Professor of Law Writes The Senate Over Usurpation Of The Powers Of NDDC Board

 

 

NDDC– Worried over the lingering crises of usurpation of the powers of the board of Niger Delta Development Commission by its management, a distinguished professor of Law. Yusuf Dankofa, PHD has a petition to the Chairman, Ad-hoc committee Investigating Budgets of the NDDC, Senator Yusuf Yusuf.

 

 

 

Here is the letter as obtained by us…

 

 

 

Distinguished Senator Yusuf Yusuf

The Chairman, Ad-hoc Committee Investigating Budgets of the NDDC,

Senate of Nigeria,

National Assembly 

Three Arms Zone

Dear Sir,

SUBMISSION ON THE LINGERING CRISES OF USURPATION OF THE POWERS OF THE BOARD OF NIGER DELTA DEVELOPMENT COMMISSION BY IT’S MANAGEMENT

 

 

 

 

We are Legal Practitioners based in the above address with interests spanning constitutionalism, human rights, public interests advocacy and litigation. We have watched with keen interest the crises of leadership tussles at the NDDC which is a needless act of usurpation of powers of the board by it’s management. The crisis has now extended to the process of budgeting by the commission and if proper understanding of the Act establishing the commission and the civil service rules are not adhered to and upheld by the relevant institutions and stakeholders, that will undermine the principles of good corporate governance that will hamper the Commission from its mandate.

 

 

 

 

We therefore welcome the Senate setting up an Ad-hoc Committee under your Chairmanship to investigate the 2021, 2022 and 2023 estimates of the Commission

We respectfully identified the following key areas for determination and proffer necessary advice:

  1. THE ROLE OF THE CHAIRMAN OF THE GOVERNING BOARD OF NDDC

We submit that the NDDC’s highest decision making organ is the Governing Board .This is amplified by section 1 sub-section 2 (1)(a) of the Niger Delta Development Commission (Establishment etc) Act 2000. This board headed by the Chairman in conjunction with the office of the Managing Director shall formulate necessary guidelines for the development of Niger Delta area.

Section 8 of the Act further provides that the Board shall have power to: 

  1. manage and supervise the affairs of the commission, 
  2. make rules and regulations to carry out the functions of the commission,
  3. enter into such contracts as may be necessary or expedient for the discharge of its functions and 
  4. ensure the efficient performance of the functions of the commission.

With the above provisons of the Act, it becomes a settled matter of law that the Chairman of the Governing Board is the supervisory authority on all issues affecting the Commission. Without the approval of the Board, any action so taken will be a violation of the Act, and thus illegal.

The overarching responsibility of the Chairman is to protect the resources of the people and make sure that due process is followed in all administrative and financial activities. The Governing board is therefore superior to the Managing Director, because the Management must always seek approvals of the Board to make or take significant decisions.

It’s therefore our considered view based on the extant law that the Commission can only effectively perform its roles with a substantive Governing Board headed by a Chairman. Any act done without the input and approval of the board is invalid and therefore remains voidable. The so called MoU signed by the management of NDDC with a United State based firm for the construction of railway in some parts of Niger Delta without the knowledge and approval of its governing board, is nothing but a gross usurpation of powers of the board as enshrined in the Act, and therefore null and void.

  1. CAN THE MANAGEMENT TEAM UNILATERALLY PREPARE AND PRESENT NNDC’S BUDGET TO THE NATIONAL ASSEMBLY WITHOUT INPUTS AND APPROVAL OF SAME BY THE GOVERNING BOARD? 

Section 18 (1) of the NDDC act clearly provides answers to this question. The said section is herein reproduced for ease of reference,

The board shall not, later than 30th September in each year submit to the National Assembly, through the President, Commander in Chief of the Armed Forces an estimate and expenditure of the income of the commission during the next succeeding year for approval.

It is clear from the above Section that the only person that can present the budget of the Commission to the National Assembly is its Chairman. Any budget presented to the National Assembly, including the Senate, by the Management of the Commission is a breach of the Act that established the Commission. We therefore urge Your respected Red Chamber to decline validating the illegal budget proposal before you as that will amount to giving a stamp of acceptance to an unlawful act. The Senate should not consider any budget estimates from the Commission that is not approved by it’s board and presented for your consideration by the Chairman of the Commission.

May I, with respect also refer you to the Supplementary provisions regarding the Board in the NDDC Act, otherwise referred to as the Schedule. Section 1 (2)of the Schedule clearly provides that, the quorum of board shall be the Chairman and that the Board can only meet wherever it is convened by the Chairman and that under section 4 (1) the fixing of the seal of the commission shall be authenticated by the signatures by the chairman or any member of the board generally or specifically authorised by the board to act for that purpose and the managing director. 

It is not in doubt that any decision made by the commission must be sanctioned by the Board. The management cannot act outside the province and authority of the Board.

The management team should be made to understand that it does not have unlimited authority and the principle of checks and balances under constitutional democracy has also been put in place by the NDDC Act so that the management team cannot confer unto itself emergency powers which will ultimately lead to abuse.

  1. UNAUTHORISED AND FRUITLESS EXPENDITURES 

We also respectfully urge your Ad-hoc Committee to examine if the Management of the Commission, especially the Managing Director, have observed the Public Service Rules, including that of seeking the approval of their supervising authority in this case, the Chairman of the board – before undertaking local and foreign trips; and also whether they travel within the airfare class so prescribed by the Public Service Rules.

We hope that you shall give the necessary considerations to the salient issues of law raised by our submission in this document and use them to resolve this unnecessary usurpation and abuse of power.

Thank you.

Yours, 

Signed.

YUSUF DANKOFA, PHD

Professor of Law.

 

Professor of Law Writes The Senate Over Usurpation Of The Powers Of NDDC Board

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Governor Dauda Lawal Hails Troops for Successful Fight against Banditry, Terrorism across Zamfara State

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14 hours ago

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May 11, 2026

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Governor Dauda Lawal Hails Troops for Successful Fight against Banditry, Terrorism across Zamfara State

 

Governor Dauda Lawal has commended the troops of the Joint Task Force (North West) Operation Fansan Yamma for achieving significant operational successes against bandits in Zamfara State. The troops of the Joint Task Force launched an elaborate and coordinated onslaught in the early hours of Thursday, May 7, 2026, in the Kaura Namoda and Birnin Magaji Local Government Areas of Zamfara State. Following the encounter, troops effectively neutralised three gang leaders and recovered a cache of weapons and ammunition, which included an AK-47 rifle, a machine gun, a locally fabricated handgun, seven rifle magazines and a total of 571 rounds of ammunition.

 

Governor Lawal described the renewed military offensive as timely, particularly due to the successful operation recorded on May 10, 2026, which disrupted a significant gathering of notorious terrorist leaders and neutralised several commanders. The troops acted on an intelligence report that confirmed that the terrorists had converged at a concealed location in Tumfa Village, Shinkafi Local Government Area, with the intention to coordinate attacks and criminal activities targeting innocent communities in the state. The Air Component launched a precision airstrike on the identified terrorist hideout that successfully destroyed the structure, which served as the terrorists’ meeting point. The governor further reiterates Zamfara State Government’s commitment to ongoing support and logistics for the military and other security agencies operating in the state.

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Old Students Association rejects alleged commercialisation of Unity School land ‎

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1 day ago

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May 11, 2026

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‎Old Students Association rejects alleged commercialisation of Unity School land
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‎By Ifeoma Ikem

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‎The Unity Schools Old Students Association (USOSA) has rejected the alleged commercialisation of any unity schools land under the Public-Private Partnerships (PPP) initiative.
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‎The association made its displeasure known during their awareness walk to protest the concession of the 33 hectares of land belonging to Federal Government College (FGC) Kano yesterday in Lagos.
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‎The members were carrying placards, some of which read “PPP: Save the Future”, “Protect Unity Schools”, “PPP must serve Education not land conversion” and “Schools are not for Real Estate”.
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‎President-General of the Unity Schools Old Students Association USOSA Michael Magaji says Public-Private Partnerships (PPP) was designed to improve public institutions, and not strip them of assets or reduce their land.
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‎Over 60 Unity schools members were drawn from across the nation for the awareness walk to protest against the alleged sale of the school lands.
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‎ The P-G said the association was advocating for a sustainable funding model that would preserve educational assets while improving infrastructure, manpower and learning conditions.
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‎“Our coming together is to restore the lost glory of Unity Schools and strengthen Nigeria’s education system. Unity schools are nation-building institutions that have produced leaders across various sectors.
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‎ “Unity Schools were not just about education, they were about integration built not by spectators but by active citizens that believe in one nation.
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‎ “ The alumni support PPP but oppose the sale of educational assets. Unity never happens by chance but designed, nurtured and protected,’’ he added.
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‎He added that the awareness walk brought about by the alumni across the nation was also to have a stronger network to revive the vision of the Unity Schools.
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‎Mr Humphrey Nwafor, Lagos Chapter President, Federal Government College, Kano Old Students Association said that they are pushing back against the alleged commercialisation of Unity School lands.
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‎Nwafor pointed out that the 33 hectares of land belonging to FGC Kano was concessioned without adequate consultation with stakeholders.
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‎“We are saying there is a better option. Instead of selling our lands and assets, we would rather fund the schools ourselves.
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‎“If the government says it does not have enough money to run the schools, the old students can provide support without taking one inch of the land,” he said.
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‎According to him, the concession arrangement involving the school’s land will undermine the future of unity schools, which were established in the first place to promote national integration.
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‎“These schools were established to unite Nigerians from different ethnic and religious backgrounds and we are appealing to President Bola Tinubu to intervene and ensure that public educational assets are protected,” he added.
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‎He called on the Federal Government to leverage alumni networks in addressing funding challenges confronting unity schools.
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‎“We are in solution mode and impact mode and we believe alumni associations should be integrated into the process of repositioning these schools.
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‎“We recently met with officials of the Federal Ministry of Education and discussions are ongoing toward finding mutually beneficial solutions,” he said.
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‎Mr Alex Akindumila, President of FGC Idoani Alumni Association said the concession controversy was a national test of how public assets and educational institutions are being managed.
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‎He said that they are concerned that reducing lands allocated to unity schools could limit future expansion, agricultural projects, sports facilities, technical workshops and staff accommodation.
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‎“The lands allocated to unity schools were deliberate and visionary.“They were designed to ensure that the schools remain self-sustaining and adaptable to future needs.
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‎According to him, when you shrink the land of a unity school, you do not just reduce space, but reduce possibility , reduce ability to run agricultural programs that can feed students and teach enterprise, even the space required for sports facilities that build discipline, health and national pride.
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‎Also, Mrs Ifeoma Okeke, an alumna of FGC Nsukka, called for transparency, due process and stakeholder engagement in any PPP arrangement involving educational institutions.
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‎She said PPP agreements should align with the public purpose of the schools and not diminish their long-term capacity.
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‎“There must be transparency, competitiveness and proper stakeholder engagement in any concession process involving public educational assets,” she said.

 

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NAPS Southwest Condemns Delay in Passage of HND,/B.SC Dichotomy Bill, Issues 30 Days Ultimatum to Nigeria Senate and Federal House of Representative

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2 days ago

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May 10, 2026

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NAPS Southwest Condemns Delay in Passage of HND,/B.SC Dichotomy Bill, Issues 30 Days Ultimatum to Nigeria Senate and Federal House of Representative

 

The National Association of Polytechnic Students (NAPS) Southwest has strongly condemned the continued delay in the passage of the bill aimed at ending the long-standing disparity between Higher National Diploma (HND) and Bachelor of Science (B.Sc) qualifications in Nigeria. The association has described the delay as unjust, discriminatory, and harmful to the future of polytechnic education in the country.

The NAPS Southwest expressed deep frustration over what it called the unacceptable silence and inaction from the Nigerian Senate and Federal House of Representatives regarding the bill. The proposed legislation seeks to abolish the dichotomy between HND and B.Sc holders, a divide that has for years limited career progression opportunities for polytechnic graduates, particularly in the public sector.

This ongoing delay represents a significant policy gap that must be urgently addressed. The continued discrimination against HND holders contradicts the principles of equity, fairness, and meritocracy that should define Nigeria’s public service.

For years, polytechnic students and graduates have faced systemic discrimination in employment opportunities, career progression, and societal recognition an injustice that undermines the value of technical and vocational education in national development. The proposed bill represents a critical step toward equity, fairness, and the full recognition of polytechnic education in Nigeria.

We therefore call on the current administration and the National Assembly to prioritize the reintroduction and immediate passage of this critical legislation. Nigeria cannot afford to sideline a significant segment of its skilled workforce due to outdated and discriminatory policies.

It is therefore disheartening that the Nigeria Senate and House of Representatives has yet to act decisively on this matter of urgent national importance. The continued delay raises serious questions about the commitment of lawmakers to addressing the challenges faced by millions of Nigerian youths in the polytechnic system.

The NAPS southwest unequivocally calls on the Senate and House of Representatives to, without further delay, deliberate on and pass the bill to end the HND/B.Sc dichotomy. The future of countless students and graduates depends on this decisive action.

The continued delay in passing this bill is a direct attack on the dignity and future of millions of Nigerian students and graduates, the statement read. We cannot continue to tolerate a system that places artificial barriers on capable individuals simply because of the institution they attended.

Failure to meet this demand will leave NAPS Southwest with no choice but to mobilize Nigerian Polytechnic Students and Graduates across the country for peaceful but firm actions to press home our demands. We are prepared to take all legitimate steps necessary to ensure that justice is served.

NAPS Southwest has therefore issued a strong warning to the Senate and House of Representatives, urging lawmakers to prioritize and immediately pass the bill without further delay. The association made it clear that failure to act promptly would trigger nationwide protests and coordinated actions by Nigerian polytechnic students and graduates.

We urge all relevant stakeholders to initiate comprehensive reforms that will harmonize qualification frameworks, ensure equal opportunities for career advancement, and restore confidence in the civil service system.

NAPS Southwest remains committed to advocating for the rights and dignity of polytechnic students and graduates across Nigeria. We will continue to engage constructively with policymakers and mobilize support until justice is achieved.

Signed

Comr Ogunsola Adewale John
NAPS Southwest Coordinator
+234 704 720 2907

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