Udochi & Udochi
UDOCHI & UDOCHI
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RE: REJOINDER IN RESPECT OF PETITION AGAINST DELTA STATE NOMINEE FOR EXECUTIVE DIRECTOR PROJECTS
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RE: REJOINDER IN RESPECT OF PETITION AGAINST DELTA STATE NOMINEE FOR EXECUTIVE DIRECTOR PROJECTS

08:18 am on 2013-12-12

We responded with the following letter and our reply was published: Friday, December 6, 2013 on the vanguard newspaper.

UDOCHI & UDOCHI

Inspiration; Chief J.M. Udochi
Legal Practictioners, Consultants & Trade Mark Agents

                                                                        45, Airport Road, G.R.A - Post Office Box 3074
                                                                        Benin City, Edo State.
                                                                        Mobile: 08023291159 & 08056429582
                                                                        E-mail: u.t@udochi-and-udochi-solicitors.org
                                                                        & tudochi@yahoo.com

                                                                        4th December, 2013

The Senate President,
Of the Federal Republic of Nigeria,
Senator David Alechenu Bonaventure Mar,
National Assembly Complex,
Three Arms Zone,
Abuja.

Dear Sir,

RE-REJOINDER IN RESPECT OF PETITION AGAINST DELTA STATE NOMINEE FOR EXECUTIVE DIRECTOR PROJECTS (ED) INTO THE FORTHCOMING BOARD OF NDDC - FALSELY ALLEGING NON-QUALIFICATION OF NOMINEE

The above-stated matter in which our services have been retained by the Volunteers for Good Governance in the Nigeri Delta, having been duly briefed by its accredited Representatives, CHUKWUMA ORJI AND STANLEY ORISEJEFOR, who are hereinafter jointly referred to as our Clients.

It is our instruction and brief to protest and rebut the issues of outright lies, highly prejudicial and selective reference to the Engineers (Registration, etc.) Act, Laws of the Federation of Nigeria, Volume 6 Cap. E8-F18, contained in a Petition dated the 28th of November 2013, written by the Law Firm of Benefit E. Orugbo & Associates addressed to your esteemed office and given wide media coverage with the Niger Delta Development Commission MR. TUOYO OMATSULI purpotedly at the behest of faceless individuals masquerading under the guise of a hitherto unknown entity simply described as Niger Delta Youth Council. The Petition was published in the Vanguard of Tuesday the 3rd of December 2013 at Page 53 thereof.

Firstly, our Clients are amazed by the unfair classification of MR. TUOYO OMATSULI as having limited "management and administrative skills". One wonders by what yardstick these faceless persons arrived at this untenable conclusion.
MR. TUOYO OMATSULI distinguished himself in his selfless service to the good people of Delta State. to belittle his numerous contributions to enhacing the welfare of the good people of Delta State as an outstandingm trustworthy professional and reliable Senior Special Assistant for Special Duties in Delta state can be actuated by malice and ill will towards his person.

To ascribe lack of technical know-how and inexperience to MR. TUOYO OMATSULI is laughable; it clearly depicts that these faceless individuals' intention is to smear the otherwise unblemished reputation of MR. TUOYO OMATSULI, while in the private sector secured and executed various contracts from oil giants such as Shell Petroleum Development Company Nigeria and Chevron Nigeria Limited, MR. TUOYO OMATSULI was an onsite Engineer in the execution of these projects. It is a matter of notoriety that the said MR. TUOYO OMATSULI's exclusive Clientele does not suffer or accomodate incompetence or lack of technical know-how.

For those in the know, MR. TUOYO OMATSULI, in ther service of the good people of Delta State, was usually assigned challenging and conflict resolution functions by His Excellency, Dr. Eweta Emmanuel Uduaghan, the Executive Governor of Delta State. He was faced on numerous occasions with the challenges of managing men and resources when he was directed to man several parastatals and organs of Government during prolonged periods of absence of a substantive management team. He made highly commendable professional input, advice and suggestions in respecy of such projects as the Asaba International Airport of Delta State, the Delta State Independent Power Plant, the Ogidigben Export Processing Zone, a joint partnership project between the Delta State Government and the Federal Government of Nigeria, the Oleri Leisure Park Project, the Warri Industrial Business Park, amongst others.
Having toiled in the corridors of servitude for over ten (10) years, acquiring profound knowledge and experience in the management of men and resources, these faceless individuals have presently conspired to afflict this humble and acknowledged epitaph of honesty and patience with an undeserved label of inexperience and lack of technical know-how.

It is a metter of regret that these faceless individuals who purport to champlain the cause of the youthm had been induced by manifestly unjust motives to disparage one of their own.  The vivid description of the internal working s of the Niger Delta Development Commission structure is indicative of the sponsor of this mischief, an aggrieved and disgruntled opponent of MR. TUOYO OMATSULI who paraded his insider appreciation of the workings of the Niger Delta Development Comission as his credentials to be nominated for the post. Unfortunately, the unresolved corruption and abuse of office allegations against his person disqualified him not MR. TUOYO OMATSULI.
In furtherance of this display of malice and deceit, these faceless individuals made copious references to the Engineers (Registration, etc) Act, Laws of the Federation of Nigeria, Volume 6 Cap.E8 - F18, selectively quoting ina highly prejudicial manner of the said Statute for purpose of indicting MR. TUOYO OMATSULI.

It is appropriate to correct the erroneous impression, the Council for the Regulation of Engineering in Nigeria (COREN) is not a Degree or Certificate awarding body. Registeration with COREN is a confirmation of a registered member's Engineering qualifications.

While our Clients do not hold brief for hold brief for MR. TUOYO OMATSULI in respect of his qualifications and whether he is a registered member of COREN or meets the requiremement for exemption, it is insignificant to state that unless these faceless individuals are alleging that the institution attended by MR. TUOYO OMATSULI had not been accredited by COREN to grant Degrees or Certificates in Engineering disciplines, then their ranting is of no moment.

We dare posit that once a party has acquired an Engineering qualification from an accredited institution approved by COREN, then the duty lies with COREN to classify that wualification and registern such a party under the following heads; a registered engineer, a registered engineering technologist, a registered engineering technician and a registered engineering craftsman, Sections 6 and 7 of the Engineers (Registration, etc.) Act, Laws of the Federation of Nigeria, Volume 6 Cap.E8 - F18 clearly affirm this preposition. We reproduce the said Sections of the Law for ease of reference.

"6. Registration as engineers
(1.) Subject to section 16 and to rules made under section 4(4) of this Act, a person shall be entitled to be fully registered under this Act if - 
(a) he has attended a course training approved by the Council under the next following section;
(b) the course was conducted at an institution so approved, or partly at one institution and partly at another or others;
(c) he holds a qualification so approved; and
(d) he holds a certificate of expertise issued un pursuance of section 9 of this Act; and
(e) he has completed a minimum of two years' approved post-graduate training and has passed or is exempte from professional interview;
                                                             [1992 No, 27.]
(f) in the case of a craftsman,he has completed a minimum of two year's working experience in his trade and submits an acceptable certificate of experience;
                                                             [1992 No, 27.]
(g) he has completed his second year of industrial pupilage in an approved establishment.

(2.) Subject as aforesaid, a person shall also be entitled to be fully registered under this Act if he satisfies the Council - 
(a) that he is of good character;
(b) that he holds a qualification granted outside Nigeria and for the time being accepted by the Council for the purposes of this subsection as respects the engineering profession;
(c) that in the country in which the qualification was granted he was under no legal disability in thep practice of engineering; and
(d) if the Council so requires, that he has had sufficient practical engineering experience, and the Council shall from time to time, publish in the Federal Gazette particulars of the wualifications for the time being accepted as aforesaid.

(3.) Subject as aforesaid, a person shall be entitled to be provisionally registered under this Act in the cases specified in section 12 of this Act.

7. Titles to be used by registered persons
(1.) A registered engineer shall use the abbreviation "Engr" before his name.
                                                             [1992 No, 27.]
(2.) A registered engineering technologist shall use the abbreviation "Engr Tech" after his name.
                                                             [1992 No, 27.]
(3.) A registered engineering technicial shall use the abbreviation "Tech" after his name.
                                                             [1992 No, 27.]
(4.) A registered engineering craftsman shall use his full title with his tradein bracket under his name.
                                                             [1992 No, 27.]

It is sad to observe the desperation of these faceless individuals in their obviously bias and illogical commentary as regards their claims that MR. TUOYO OMATSULI is falsely parading himself as an Engineer. In one breath, they claim that he graduated in an Engineering discipline and after graduating he did not acquire any fuirther technical know-how, while at the same time maliciously suggesting that he misrepresented himself as an Engineer.

Is it unlawful for a graduate in an Engineering discipline to use any name, title, addition or description implying that he is authorized by Law to practice as an Engineer. Would he not be justified under the circumstances and avoid criminal liability under the Section 18(1) (a) & (b) of the Engineers (Registeration, etc) Act, Laws of the Federation of Nigeria, Volume 6 Cap. E8 - F18, mischevously referred to by these faceless individuals?

In any event, Section 19 (3) of the Engineers (Registeration, etc.) Act, Laws of the Federation of Nigeria, VOlume 6 Cap. E8 - F18 clearly states the person charged with the responsibility of ensuring the registeration graduates as members of the COREN from any University in the Federal Republic of Nigeria. We reproduce the said Setion 19(3) of the Statute for ease of reference.

"19. Miscellaneous supplementary provisions

(3) It shall be the duty of any person in charge of any university with the Federation, having attaced thereto a faculty of engineering, at which there is held a course of training intended for persons who are seeking to become a registered engineers under this Act, to furnish the Registrar, not later than the thirty-first day of March in every year, a list of the names, and of such other particulars as the Council maybe arder specify, of all persons who attended any such course at the institution in question at any time during the preceding year".

With the greatest respect Sir, it would be a disservice of monumental ramifications to the good people of Delta State to void the nomination by Delta State of the nominee for Executive Director (EDP) into the Board of the Niger Delta Development Commision in the person of MR. TUOYO OMATSULI as urged by these faceless individuals.

In concluding, we most respectfully urge the Hobnourable Senate at the instance of our Clients to ignore the petition written by the Law Firm Benefit E. Orugbo & Associates dated the 28th of November 2013, for and on behalf of a faceless Organization described as Union of Niger Delta Youth Council. The said petition is baseless and without merit.

Thanks for your anticipated co-opeation.

Yours Faithfully,

U.T UDOCHI ESQ,
(SOLICITOR)

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