Hearing in the N100 billion suit filed against President Muhammadu Buhari by Senator Ifeanyi Ararume before a Federal High Court sitting in Abuja was on Thursday stalled over improper service of court processes.
Though the suit was slated for hearing, it was shifted till January 11 next year following the discovery that the amended originating summons meant for the newly-incorporated Nigeria National Petroleum Company, (NNPC) was served on the Federal Ministry of Justice.
At Thursday’s proceedings, counsel representing the NNPC, Oluseye Opasanya (SAN), informed the court that all his processes were filed based on the initial originating summons.
He told the court that the initial originating summons ordered to be amended to accommodate the Corporate Affairs Commission (CAC) as a defendant in the suit was not served on him.
At this point, counsel to Ararume, Chief Chris Uche (SAN) disagreed with the claims of the NNPC’s counsel, adding that the amended originating summons has been served on all the parties in the matter as required by law.
A search for proof of service in the case file by the trial judge, Justice Inyang Ekwo however showed that the service of the originating summons was on the Federal Ministry of Justice and not on the NNPC.
This prompted the NNPC’s counsel to volunteer to link up with the ministry to pick up the amended originating summons and re-file his processes to accommodate CAC as one of the defendants.
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Justice Ekwo subsequently shifted the definite hearing in the suit till January 11 next year to enable parties to amend their processes to accommodate the CAC and warned that all lawyers involved in the matter must file and exchange all their processes before the adjourned date and that, any counsel who fails to adhere to the warning would be personally penalized by the court.
Ararume had last month slammed a N100 billion on President Buhari over his alleged unlawful removal as a non-Executive Chairman of the NNPC.
He is demanding the sum as damages caused him in the alleged unlawful manner he was removed as the NNPC Chairman after using his name to incorporate the entity.
The suit marked FHC/ABJ/CS/691/2022 was filed on his behalf by a group of Senior Advocates of Nigeria (SANs) comprising Chief Chris Uche, Ahmed Raji, Mahmud Magaji, Ogwu James Onoja, Kingsley Nwufor and Gordy Uche.
In the suit, Ararume formulated four issues for determination by the court among which was 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, the office of the non-Executive Chairman is not governed and regulated by the stated provisions of the law.
He is also asking 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.
He also wants the court to determine whether Buhari can 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 is whether his purported removal vide letter of January 17, 2022 without compliance with the expressly stated provisions of the law is not wrongful, illegal, null and void and of no legal consequence whatsoever.
Upon the determination of the issues in his favour, the plaintiff wants the court to declare that his position as non-Executive Chairman of the NNPC is exclusively governed and regulated by CAMA 2020, PIA Act 2021 and Memorandum of Association of the Company.
He also wants 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.
Ararume, therefore, 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 as well as an order reinstating him forthwith and restoring him to office with all the appurtenant rights and privileges of the office of the NNPC non-Executive Chairman.
Plaintiff further demands for nullification and setting aside of all decisions and resolutions of the NNPC Board made in his absence from January 17, 2022 till date and another order restraining the defendants from removing his name as Director of the Company.
He requested for N100 billion as damages for the wrongful removal, disruption and interruption of his term of office as non-Executive Chairman of the NNPC.
In a 75-paragraph affidavit in support of the suit, Ararume averred that upon the passage of the Petroleum Industry Act 2021, the former Nigeria National Petroleum Corporation (NNPC) and its subsidiaries were unbundled to become Nigeria National Petroleum Company registered with the Corporate Affairs Commission with number 1843987.
That on October 20, 2021, President Buhari approved his appointment as a non-Executive Chairman for a period of initial five years and subsequently, his name registered in the Memorandum of Articles of the Company and the appointment announced to the whole world.
Based on the appointment, Ararume averred that he attended 23rd World Petroleum Congress in the United States of America but surprisingly on January 7th, 2022, Buhari inaugurated the NNPC Board without a recourse to him while another person was named in his place.
By a letter of January 17, 2022, he was informed of the withdrawal of his appointment but without any reason whatsoever to justify the purported removal.
Plaintiff asserted that he was not guilty of any pre-conditions for removal and was never declared bankrupt or adjudged medically unfit for the job.
Based on the unlawful act of the defendant, plaintiff said that the action has fuelled public suspicion and rumours against his person and asserted that he has suffered loss of credibility and goodwill, untold emotional, mental and psychological trauma and public humiliation, degradation and embarrassment by his purported removal by President Buhari.
It would be recalled that at the November 9 proceedings, the judge ordered that the CAC be joined as a party following no objection from Chief Chris Uche who stood for Ararume and Alhasan Shuaib who represented President Buhari.
Justice Ekwo subsequently ordered that the originating summons be amended to accommodate CAC and be served on all parties.
