FG seeks time on NDDC suit

11.03.2008

The Federal Government on Monday applied for an extension of time to defend the suit challenging the withholding of more than N274 billion due to the Niger Delta Development Commission (NDDC).

The suit, filed by the Niger Delta Youth Movement (NDYM), is seeking an order of a Federal High Court in Abuja, directing the government to release the alleged withheld fund to NDDC.

At the resumed hearing of the suit on Monday, counsel representing the Federal Government, Mr. Joseph Uchenna, asked the court to grant him additional time to file his defence.

In the motion, Uchenna admitted that the government was out of time in making appearance and filing its defence the action.

In an affidavit to support of the motion, Uchenna deposed that a legal officer, Mrs. S.H. Daniel, who was in possession of the file containing processes in the suit, was indisposed.

“It was when she recovered that she went back to work and completed the processes necessary for the conduct of the defence,’’ he claimed.

Attached to the application was another motion by the government raising objection to the suit.

The government contended in the motion that the plaintiff had no locus standi to institute the suit.

The motion further contended that the court lacked the jurisdiction and competence to hear it.

Justice Babs Kuewumi has adjourned the case till April 21 for hearing in the government’s application for an extension of time.

The President of the youth movement, Mr Onengiye Elekima, filed the suit on behalf of the association against the government.

The defendants in the suit are the Revenue Mobilisation, Allocation and Fiscal Commission, the Attorney-General of the Federation, the Accountant General of the Federation and the NDDC.

The NDYM is seeking the court declaration that N274 billion, representing 15 per cent of the total monthly statutory allocation due to the member states of the NDDC, is outstanding.