April 18, (THEWILL) – A Federal High Court in Abuja has ordered the immediate reinstatement of Senator Ifeanyi Godwin Ararume as non-Executive Chairman of the Nigeria National Petroleum Company Limited (NNPCL).
The order followed a court ruling on Tuesday, which set aside the removal done on January 17, 2023, by President Muhammadu Buhari.
Justice Inyang Edem Ekwo, while ruling in the suit filed by Ararume, declared the action of the President arbitrary, unlawful and illegal.
The Court awarded N5 billion against Buhari and NNPCL to be paid to Ararume as damages for the wrongful sack and disruption of his appointment.
Justice Ekwo ordered that Ararume be immediately restored to office as non-Executive Chairman of the NNPCL.
The Judge also declared as null and void all decisions of the Board of Directors of the NNPCL carried out in the absence of Ararume.
Justice Ekwo held that Buhari acted ultra vires, wrongful, illegal, null and void in the ways and manners Ararume was sacked after using his name to register NNPCL and that such a brazen act cannot stand in the face of the law.
Ararume had dragged Buhari before the Court praying it to declare his removal as NNPC Chief illegal, unlawful and unconstitutional and that it is a total breach of CAMA law under which NNPCL was incorporated.
Apart from asking the court to issue an order to return him to office, Ararume also demanded N100 billion as compensation for the damages he suffered nationally and internationally in the unlawful way and manner his removal was carried out by President Buhari.
Among the issues he raised for determination included whether, in view of the provisions of the Memorandum and Articles of Association of the NNPC, Companies and Allied Matters Act, 2010 and the Petroleum Industry Act, 2021 (PIA), the office of the non-Executive Chairman was not governed and regulated by the stated provisions of the law.
The suit marked FHC/ABJ/CS/691/2022 was instituted on his behalf by a group of Senior Advocates of Nigeria (SANs) comprising Chief Chris Uche, Ahmed Raji, Mahmud Magaji, Ogwu James Onoja, K.C Nwufor and Gordy Uche.
Amongst others, the plaintiff asked the court to determine whether, by the interpretation of section 63 (3) of the Petroleum Industry Act 2021, the President can lawfully remove him as non-Executive Chairman of the NNPC for any reason outside the provisions of the law.
Ararume also prayed the court to determine whether Buhari could sack him without compliance with expressly stated provisions of the Articles of Memorandum of Association of the Company, section 63 (3) of the PIA Act, 2021 and section 288 of the CAMA Act, 2020.
Also listed for determination was whether his purported removal vide letter of January 17, 2022, without compliance with expressly stated provisions of the law was not wrongful, illegal, null and void and of no legal consequence whatsoever.
Upon the determination of the issues in his favour, the plaintiff had urged the court to make a declaration that his position as non-Executive Chairman of the NNPC was exclusively governed and regulated by CAMA 2020, PIA Act 2021 and Memorandum of Association of the Company.
“A declaration that by the provisions of section 63 (3) of the PIA Act, CAMA Act and Memorandum of Association of the NNPC, the President cannot, by will, remove him from office as non-Executive Chairman without following due process of the law,” he urged.
Ararume prayed for an order of the Court setting aside his removal by Buhari vide letter of January 17, 2022, with reference number SGF.3V111/86.
Source: TheWillNigeria | Read More
0 Comments