Ruling on NCDC Act reserved

SUPREME Court has reserved ruling on an application filed by former National Capital District (NCD) governor Powes Parkop seeking an interpretation of the NCD Commission (NCDC) amended Act regarding Central governor’s involvement in the board.
The court comprising Justice Ellenas Batari, Justice Panuel Mogish and Justice Derek Hartshorn then ordered Parkop and State to make available copies of relevant documents that were relied upon.
Last Nov 8, Pila Niningi, then Minister for Inter-Government Relations wrote to Parkop and informed him that he had advised the Head of State to declare and gazette NCD as a province, starting that Oct 21.
This meant that NCDC was a provincial government whose administration was to be governed, pursuant to the Organic Law on provincial and local level government and no longer operating under NCDC Act 2021.
This also meant that Parkop would be the chairman of the provincial assembly and provincial executive council.
Similarly, the city manager would be called the provincial administrator and become the administrative head, exercising all powers and functions just like all other provincial administrators in the country.
However, former Central governor Robert Agarobe submitted a Private Members Bill to amend the NCDC Act 2001.
The proposed amendments had two objectives: one was the governance aspect in terms of the membership of the NCDC board, its administrative structure and the vesting and discharge of powers and functions.
The other objective was the goods and services tax (GST) distribution between NCDC, Central and Motu-Koita Assembly.
The bill to amend the NCDC Act 2001 was then passed and is now entitled as the NCDC (Amendment) Act 2021.