With the case of NDDC act violation in court, Nsima Ekere may be replace by the President in line with PMB stance on rule of law.

The suit against Buhari accused him of breaching certain laws when he nominated persons not from oil producing regions, into the board of the Niger Delta Development Commission (NDDC). The law suit was filed before the court by a body known as Incorporated Trustees of Oron Union, Akwa Ibom state. The plaintiff said it was illegal for President Buhari to nominate Mr Obong Nsima Ekere and Frank Samuel George, as Managing Director and Commissioner, respectively, on the board of the NDDC since they were not indigenes of oil producing areas of Akwa Ibom state.

They said that the action was in violation of the NDDC Act, in the laws of the federation of Nigeria 2004. According to Vanguard, the Attorney General of the Federation, Mr Abubakar Malami, SAN, the Senate President, Dr Bukola Saraki, the National Assembly and the two nominees were also defendants in the case.

The plaintiff appealed to the court for the following: “A declaration that the nominations of the 5th Defendant as the Managing Director of NDDC, and the 6th as Commissioner on the Board of the said NDDC, by the 1st and 2nd Defendants, and the subsequent forwarding of the names of the 5th and 6th Defendants to the 3rd and 4th Defendants for confirmation and for appointments as Managing Director and Commissioner respectively on the Board of NDDC when the said 5th and 6th Defendants are not indigenes of oil producing areas of Akwa Ibom State, are all done contrary to the provisions of section 12(1) of the NDDC Act, Cap N86, Laws of the Federation of Nigeria 2004, and therefore illegal, null and void and of no effect whatsoever and howsoever.” The Oron Union which covers five local government areas of Akwa Ibom also prayed the court to issue an order of perpetual injunction restraining the National Assembly from confirming the nominations.