In addition, imprisonment for contempt of court was threatened.
The Senate approved Onochie as the real NDDC chairman and 12 other nominees to the board four days ago.
But the court had already told the National Assembly that it couldn't look over Onochie and Ogbuku's nominations and approve them.
In a notice of the consequences of disobeying the court's order dated December 23, 2022, the court told President Muhammadu Buhari, Attorney General and Minister of Justice Abubakar Malami, Senate President Ahmad Lawan, the Senate of the National Assembly, Onochie, and Ogbuku what would happen if they ignored an earlier restraining order, and it also stopped the new NDDC board from being installed.
"Take notice that if you don't follow the instructions in this order, you will be guilty of contempt of court and could go to jail," the judge said. With that, the court stopped the NDDC board from taking office, even though the Senate had already approved them.
Justice J. K. Omotosho, who was in charge of the case, told everyone to stop doing anything until the case was decided.
Chief Edward Ekpoko and Engineer Victor Wood, representing the Itsekiri Leaders of Thought, and Mr. Edward Omagbemi, representing the Omadino Unity Forum, all on behalf of the Itsekiri ethnic nationality of Delta State, are trying to find out if, based on the right way to read Section 12 (1) and other enabling sections of the Niger Delta Development Commission (Establishment, etc.) Act 2000 as amended and the 1999 Federal Republic of Nigeria Constitution,
The plaintiffs want a court to say that President Buhari's choice of Onochie, who is from a part of Delta State that doesn't produce oil, as Chairman of NDDC is illegal because it goes against what the NDDC Act was meant to do.
They also want a ruling that President Buhari's choice of Chief Samuel Ogbuku, who is from Bayelsa State, as the Managing Director of NDDC when it is the turn of the Itsekiri ethnic nationality of Delta State to provide the Managing Director of the Commission is illegal because it goes against what the NDDC Act was meant to do.
They want an order to stop the President of the Senate and the Senate of the National Assembly from screening and confirming Onochie and Ogbuku as chairman and managing director, respectively.
The case was put off until January 11, 2023, when it will be heard again.