Senator Ifeanyi Ararume has filed a N100 billion suit against President Muhammadu Buhari, alleging that he was unlawfully dismissed as a non-Executive Chairman of the newly Incorporated Nigeria National Petroleum Company, NNPC.
In the suit marked FHC/ABJ/CS/691/2022, which he filed through a team of Senior Advocates of Nigeria, SANs led by Chief Chris Uche and Ogwu Onoja, Ararume, formulated four issues for the Federal High Court in Abuja to determine in his favour.
He specifically asks the court to decide whether the office of the non-Executive Chairman of the NNPC is governed and regulated by law in light of the provisions of the NNPC’s Memorandum and Articles of Association, the Companies and Allied Matters Act 2010, and the Petroleum Industry Act 2021.
In addition, he is requesting that the court rule on whether, according to the interpretation of section 63 (3) of the Petroleum Industry Act 2021, President Buhari could legally dismiss him from his position as non-executive chairman of the NNPC for any cause other than those permitted by the law.
As well as, whether the President 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.
Besides, he is praying the court to determine whether his purported removal vide a letter dated 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 determination of the issues, the plaintiff, wants the court to declare that by the provisions of section 63 (3) of the PIA Act, CAMA Act and Memorandum of Association of the NNPC, the President could not, by will, remove him from office as non-Executive Chairman without following due process of the law.
Along with asking the court to overturn his dismissal, Ararume also requested to be reinstated and given all of the rights and perks that come with holding the position of NNPC non-Executive Chairman.
The plaintiff further demanded the nullification and setting aside of all decisions and resolutions the NNPC Board has made in his absence, starting from January 17, 2022, to date, and another order restraining the defendants from removing his name as Director of the Company.
In a 75-paragraph affidavit that was filed in support of the suit, Ararume told the court that upon the passage of the Petroleum Industry Act 2021, the former NNPC and its subsidiaries were unbundled to become Nigeria National Petroleum Company registered with the Corporate Affairs Commission, CAC, with number 1843987.
He told the court that on October 20, 2021, President Buhari approved his appointment as a non-Executive Chairman for a period of initial five years and his name was subsequently registered in the Memorandum of Articles of the Company with the appointment announced to the whole world.
According to him, based on the appointment, he attended the 23rd World Petroleum Congress in the United States of America, USA.
Ararume said he was surprised that President Buhari, on January 7th, 2022, inaugurated the NNPC Board without recourse to him, while another person was named in his place.
He said he was subsequently notified by a letter dated January 17, 2022, of the withdrawal of his appointment without any reason adduced to justify the action against him.
The plaintiff told the court that he was not guilty of any pre-conditions for removal and was never declared bankrupt or adjudged medically unfit for the job.
He said the President’s action, by unlawfully sacking him from the position, fuelled public suspicion and rumours against his person, insisting that he has suffered the loss of credibility, and goodwill, untold emotional, mental and psychological trauma as well as public humiliation and degradation.
As a result, he claimed his reinstatement and the payment of N100 billion in damages.
When the case was called up on Wednesday, Justice Inyang Ekwo ordered that the CAC should be joined as a party in the matter.
The matter was later adjourned till December 15 for mention.
