. Boss Mustapha
Secretary to Government of the Federation, Boss Mustapha has said that the current NDDC board headed by Senator Ndoma Egba was not a continuation of the dissolved board that was led by Bassey Henshaw.
The SFG stated this in response to a petition by Senator Emmanuel Paulker (PDP Bayelsa Central), over alleged illegal extension of tenure for the current board of the commission.
In a letter by Dayo Apata, Permanent Secretary, office of the SGF, Mustapha said the previous board was dissolved and its tenure extinguished.
“There has to be a fresh composition of the board for a fresh term of four years .Therefore the letters of appointment stating that they were to complete the remainder of the tenure of the previous board is of no effect as the words in a letter cannot override the express provisions of an act”.
“Section 5(2) of the act refers to a situation where a vacancy occurs as a result of any of the provisions of section 5(1) of the act as opposed to when the entire board is dissolved . In this case, the previous board was dissolved and its tenure extinguished
“Dissolution of the board cannot be categorised as a vacancy under the act. Dissolution signifies total extinguishment of the board, it simply ceases to exist and there cannot be any remainder of any term which a successor is expected to complete”, the letter reads.
Senator Emmanuel Paulker had last week petitioned the Senate to look into the tenure of the current NDDC Board and Management which he claimed should elapse by December 2017.
Paulker in a petition presented as a motion on Wednesday 8 November, alleged that “contrary to the clear provisions of Section 5 (3) of the NDDC Act, the tenure of the present board of the commission has been illegally extended to four years by the immediate past Acting Secretary to the Government of the Federation, Dr. Habiba Muda Lawal”.
Paulker relied on section 5(2) of the Act, and claimed that the Board headed by Senator Victor Ndoma Egba SAN, was to serve out the remainder of the term of the board chaired by Senator Bassey Henshaw, which will terminate in December 2017.