NNPC fails to halt Ararume’s suit against Buhari

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The Federal High Court, Abuja, has fixed further hearing for 28 March in the N100billion suit by Senator Ifeanyi Ararume against President Muhammadu Buhari on his removal as Chairman, Nigeria National Petroleum Company Limited, NNPCL.

Today’s hearing witnessed a drama as two Senior Advocates of Nigeria, Kayinsola Ajayi and Etigwa Uwa staged a walkout on the Court.

Ajayi, a Professor of law and Uwa had appeared before Justice Inyang Ekwo representing NNPCL in the suit by Ararume challenging his removal as the Chairman of the oil company.

Kanyinsola, who led a retinue of lawyers on behalf of the NNPCL, had sought to move three different applications comprising one asking the Court to stay proceedings pending the appeal against the ruling of the Federal High Court delivered on January 11, 2023.

Ajayi, after identifying the processes filed by NNPC against the suit, argued that the motion seeking stay of proceedings must be heard separately and ruling delivered by the Judge before any other motion should be entertained.

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The Judge however asked the Senior lawyer to move all the applications together and that he would deliver separate rulings on each to save judicial time of the Court.

Although Ararume, represented by Chris Uche, SAN, claimed that the motion for stay of proceeding had not been served on him, Professor Ajayi stood his ground to move the application separately and that the Judge must give separate rulings one way or the other before any other issue.

However, following the decision of the Judge to take all the applications together in line with the provision of the Practice Direction of the Federal High Court, Professor Ajayi and his fellow senior advocate announced their withdrawal from the suit and immediately staged a walkout.

The two senior lawyers were joined by their juniors in leaving the court immediately the Judge ordered them to move their three applications together.

Later during the proceedings, Ararume’s Counsel, Uche, while adopting his final brief of argument, urged the court to invoke the Companies and Allied Matters Act, CAMA, to nullify the removal of his client as the Chairman of the NNPCL.

Uche informed the Court that President Muhammadu Buhari acted outside the law to remove Ararume after incorporating the oil company in his name and was billed for inauguration in that capacity.

President Buhari’s counsel, Abubakar Shuaib prayed the court to dismiss the suit against his client on the grounds that it was statute barred at the time it was instituted.

Specifically, Shuaib argued that Ararume’s suit offended Section 2(a) of the Public Officers Act and as such was incompetent.

Akeeem Mustapha, SAN, counsel to the Corporate Affairs Commission, the third defendant in the suit, asked the court to decline jurisdiction in entertaining the suit.

The Senior lawyer argued that his client did not play any role in Ararume’s disputed removal apart from incorporating NNPCL as a limited liability company based on the document submitted to it.

Mustapha however said that Ararume’s appointment was political and that Buhari has the power to hire and fire, adding that the appointment has nothing to do with CAMA.

After taking arguments from Ararume, President Buhari and the Corporate Affairs Commission, Justice Ekwo fixed 28 March for ruling and possible judgment in the suit.

Credible News recalls that Ararume had dragged Buhari to Court praying it to declare his removal as NNPC Chief illegal, unlawful, unconstitutional and in total breach of CAMA under which NNPCL was incorporated.

Apart from asking the court to issue order to return him to office, Ararume also demanded N100billion as compensation for the damages he suffered nationally and internationally in the unlawful manner his removal was done by President Buhari.