The coalition of Niger Delta Progressives has warned that the implementation of the request by some stakeholders from Delta State, demanding for the Chairman and Managing Director Positions in the NDDC could lead to anarchy.
A Recent calls by stakeholders from Delta State, agitating for the positions of the Chairman and Managing Director/CEO of the Niger Delta Development Commission, NDDC, is a time bomb that could lead to the implosion of the Niger Delta Region.
The concession of such sensitive positions to one State, could lead to dire consequences in the region that would ignite a revolution capable of creating anarchy and chaos.
While the agitation might look logical to those concerned and observers, the implementation of the said zoning agreement, which clearly puts Delta State at an advantageous position, would cause more harm than good.
Considering that one of the core mandates of the Commission is to train and educate the youths of the oil rich Niger Delta regions, with the aim of curbing hostilities and militancy, while developing key infrastructure to promote diversification and productivity, the allocation of such critical positions to a particular state, will not only create disaffection but will negate the vision behind the establishment of the commission in 2000.
It is Important for President Buhari to access the merits and demerits inherent in this agitation and invoke the Doctrine of necessity, in the overall good of the people of the Niger Delta Region, because any action or inaction which produces a management team of NDDC headed by citizens from the same state will open up the flood gates of controversy, fraud and underdevelopment.
It must be stated from the outset that the “Doctrine of Necessity” is not expressly contained in the 1999 constitution of the Federal Republic of Nigeria, as amended, it derives its origin from the writings of medieval jurists such as Henry De Bracton and to some extent Ivor Jennings.
Countries with advanced democracies have applied the doctrine of necessity during situations with dire consequences and Nigerians reaped the benefits of this doctrine for the very first time on 9th February, 2010 wherein the joint session of the National Assembly passed a resolution making Vice President Goodluck Jonathan, the Acting President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, clearly against existing frameworks and agreement.
The significant feature of doctrine of necessity is the tactical and well reasoned circumvention of the constitution or some aspects of the rule of law in order to get out of political quagmire; especially to satisfy the exigencies created by certain circumstances outside the contemplation of the constitution or the rule of law.
The Bracton maxim was substantially used in the 1954 judgment in which the Pakistani Chief Justice, Mohammed Minur validated the extra constitutional use of emergency powers by Governor-General of Pakistan, Ghulam Muhammad who on October 24, 1953 dissolved the Constituent Assembly and appointed new Council Ministers on the grounds that the existing one no longer represent the people of Pakistan.
The nucleus of the legal battle was whether or not the Governor-General had the powers to dissolve the Assembly, after his objection to the country’s constitution, which the ousted Assembly was about to adopt.
The lesson here is that the case bothers on illegality and deliberate attempt to adopt a constitution that does not represent the interest of the Pakistani People.
We are therefore demanding for the immediate action of President Buhari to retain the Status quo ante, so as to sustain and galvanishe the policies of the commission in the interest of the Niger Delta region.
We urge President Buhari, to disregard such calls, to endow on Delta State, two key positions of NDDC, which could be the spark that could ignite the gunpowder on which the region currently sits. It is imperative to posit that: “An ounce of prevention is worth a pound of curve” – Henry de Bracton, De Legibus, 12.
