NNPC Limited, Ararume and Buhari Feud
President Muhammadu Buhari has filed a Notice of Preliminary Objection (NPO) challenging the Federal High Court, Abuja’s jurisdiction to hear Senator Ifeanyi Araraume’s suit on his alleged illegal removal as non-executive chairman of the Nigerian National Petroleum Company Limited Board (NNPCL).
Mrs. Maimuna Lami Shiru, Acting Director, Civil Litigation and Public Law Department, Federal Ministry of Justice, filed the NPO on December 8, 2022.
Read Also: DSS blow hot, Gives NNPC, Oil Marketers 48 Hours To Make Fuel Available For Nigerians, Else….
Araraume is the sole plaintiff, while President Buhari, the NNPCL, and the CAC are the first, second, and third defendants.
The president and the NNPCL filed a notice of preliminary objection challenging the suit is competence and asking the court to dismiss it, strike out Araraume’s originating summons dated September 12, 2022, or make any other orders it deems appropriate.
The second defendant, represented by Konyin Ajayi (SAN) and Etigwe Uwa (SAN), argued in its NPO that Araraume’s action was statute-barred under Section 2 (A) of the Public Officers Protection Act Cap P41 LFN 2004.
Nigerian National Petroleum Company (NNPC) Limited also argued that Ararume’s suit was an abuse of court process under the Interpretation Act 2004, the Petroleum Industry Act 2021, the Companies and Allied Matters Act, 2020, and NNPCL’s Articles of Association.
They also claimed that the suit was wrongly commenced by originating summons because the 75-paragraph affidavit in support thereof raises inherently contentious facts and required proof by oral evidence, and that the plaintiff’s suit, as constituted, is incompetent, lacking in any cause of action, and carrying no right of action, given the first defendant/statutory respondent’s powers.
Buhari objected on three grounds: that Araraume (the plaintiff/respondent in the suit) was removed as the non-executive chairman of Nigerian National Petroleum Company Limited (second defendant/respondent) in his capacity as a public officer by virtue of Section 251 (1) of the 1999 Constitution (as amended); that the suit was a statute barred action that violated Section 2(a) of the Public Officers Protection Act, 2004 with respect to his removal; and that the suit was a statute barred action.
On Thursday, Araraume’s lead counsel, Chief Chris Uche (SAN), informed the court that all processes had been filed and served on the three defendants in accordance with the court’s directive at the last proceedings and that he was ready to identify his processes.
Buhari, represented by Federal Ministry of Justice lawyer Mr. A. H. Shuaibu, told the court that he has filed a notice of objection to the suit while preparing his defence.
The third defendant (CAC), represented by Mr. S. S. Umoru, admitted service of court processes but said it had not filed its defence.
The second defendant (Nigerian National Petroleum Company Limited, NNPCL), represented by Mr. Oluseye Opasanya (SAN), informed the court of his client’s NPO to Araraume’s suit, but he claimed he had not been served with the amended originating summons to serve the third defendant.
Ararume initially sued Buhari and the Nigerian National Petroleum Company (NNPC) Limited, but the court ordered him to include the CAC as a necessary party.
Justice Inyang Ekwo, the trial judge, invoked Order 9 Rule 14 (2b) of the Federal High Court Rules on November 9 to order a relevant party to join the case.
Since the case involved interpreting the Company and Allied Matters Act, Justice Ekwo ordered the CAC to join (CAMA).
The judge ordered Araraume’s lawyer to amend the originating summons and serve it on all parties after joining the CAC and adjourned until December 15.
However, after checking its own record, the court found that the NNPCL was served the amended originating summons, contrary to the second defendant’s lawyer’s claim.
Justice Ekwo ordered all parties to file and exchange all relevant processes and penalised any counsel who filed its process in the morning of the next adjourned date.
He adjourned the case until January 11, 2023, to allow all parties to file and exchange suit processes.
Araraume sued the federal government for N100 billion in the Federal High Court, Abuja, for his alleged unlawful removal as non-executive chairman of the newly incorporated Nigeria National Petroleum Company (NNPC) Limited.
He requested N100 billion in damages for his alleged unlawful and unconstitutional removal as NNPC chief after using his name to incorporate the entity.
The former senator raised four issues in FHC/ABJ/CS/691/2022.
In light of the Memorandum and Articles of Association of the NNPC, Companies and Allied Matters Act 2010, and Petroleum Industry Act 2021, is the non executive chairman’s office governed and regulated by the law?
Araraume also asked the court to determine whether Section 63 (3) of the Petroleum Industry Act 2021 allowed the president to remove him as NNPC non-executive chairman for any reason outside the law.
He also asked the court whether the president could fire him without following the company’s Articles of Memorandum of Association, Section 63 (3) of the PI Act 2021, and Section 288 of the CAMA Act 2020.
Another issue was whether his purported removal via letter of January 17, 2021 without compliance with expressly stated law was wrongful, illegal, null and void, and of no legal consequence.
The plaintiff requested that the court declare that CAMA 2020, PI Act 2021, and the NNPC’s Memorandum of Association governed his position as non-executive chairman.
“A declaration that the president cannot by will remove him from office as non executive chairman without following due process of the law.”
In a January 17, 2022 letter with reference number SGF.3V111/86, the former lawmaker requested an order reversing his presidential removal.
He also requested that the court reinstate him as NNPC non-executive chairman with all rights and privileges.
He also requested that the court nullify all NNPC board decisions and resolutions made in his absence from January 17, 2022 to the present.
He also requested an order preventing the defendants from removing his company directorship.
He demanded N100 billion for his wrongful removal, disruption, and interruption as NNPC non-executive chairman.
In a 75-paragraph affidavit supporting the suit, Araraume claimed that the Petroleum Industry Act 2021 unbundled the former NNPC and its subsidiaries to form Nigeria National Petroleum Company, registered with the CAC as 1843987.
“On October 20, 2021, the president approved my appointment as a non-executive chairman for five years, and my name was registered in the Memorandum of Articles of the Company and announced to the world.
I attended the 23rd World Petroleum Congress in America based on the appointment, but on January 7, the president inaugurated the NNPC Board without me and named another person in my place.
“By a letter of January 17, I was informed of withdrawal of my appointment but without any reason whatsoever to justify the purpoted removal,” he said.
The plaintiff denied any pre-conditions for removal or being medically unfit for work.
He claimed that his unlawful removal had cost him credibility, goodwill, emotional, mental, and psychological trauma, and public humiliation.
He requested N100 billion in compensation and his return to office under the terms of his appointment.
Thanks for using our platform to learn about the latest Naija News on NNPC Limited Board Chairman: Buhari Replies Araraume
