Uchendu Mark – Port Harcourt
A Rivers State High Court in Port Harcourt has ruled that the Niger Delta Development Commission, NDDC, should always seeking the consent of the Rivers state government before executing project in parts of the state.
This was the Judgment of Justice Adolphus Enebeli in a suit by Governor Nyesom Wike, Attorney General and Commissioner for Justice of Rivers State against the NDDC, it former Managing Director, Nsema Ekere and former Executive Director, Finance and Administration, Derick Meene and others which was instituted in 2017.
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Governor Nyesom Wike, Attorney General of the State had upon publication by NDDC on a plan Execution of over sixty projects in parts of the state ran to court to make a declaration that the Commission should seek the consent of the state before execution of the project.
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Justice Enebeli in his judgment in the matter granted a declaration sought by the claimants that under Rivers State Physical Planning Law, State Land Law, and Urban Development Law, the NDDC or its agent has no power to claim any land or execute any project including a street light, water, road sea sure, matty, 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 seven and eight of NDDC act which touched on the developmental map of the nine states of the Niger Delta region.
Justice Enebeli with reference to sixty planned projects by NDDC which led to the suit, ruled that the projects if allowed to be executed will affect urban development and Land Use Act of Rivers state, hence the judgment.
