The Federal High Court in Abuja has declared the removal of Ifeanyi Ararume as non-executive president. Nigeria National Petroleum Company Limited (NNPCL) as illegal and illegal.
Delivering judgment on the case on Tuesday, Justice Inyang Ekwo said the dismissal was unconstitutional and therefore the court reinstated him as non-executive chairman of the national oil company with full benefits.
The judge set aside all the decisions made by the committee appointed after the removal of Mr. Ararume.
Mr. Ekwo donated N5 million for Mr. Ararume.
The News Agency of Nigeria (NAN) reports that Mr. Ararume sued the Federal Government, praying the court to declare his position as chairman of the NNPC board illegal, illegal and unconstitutional.
He said he withdrew it by letter dated January 17, 2022 with reference number SGF. 3V111/86 NNPCL was entered into CAMA Act was violated.
Apart from asking the judge to order his reinstatement, Ararum sought N100 billion for damages he suffered following his illegal removal.
PREMIUM TIMES reported that Mr. Ararume, who was appointed to the position in September 2021, was removed shortly before the inauguration of the company’s board in January 2022.
Background
Mr. Buhari appointed Ararume as the non-executive chairman of NNPC Limited for a five-year term in September 2021.
The appointment, according to a letter dated October 20, 2021, issued by the Secretary to the Government of the Federation, Boss Mustapha, took effect from September 21, 2021, when NNPC Limited Corporate was incorporated as a private limited company. Affairs Committee (CAC).
The creation of a national oil company was necessitated by the enactment of the Petroleum Industry Act 2021, which led to the demerger of the agency that had operated as a public corporation for decades.
The new desk was initially scheduled to be inaugurated by President Buhari on November 24, 2021, but it was permanently suspended without offering any reason on the eve of the scheduled event.
The presidency, on January 5, made a fresh announcement on the appointment to the board of NNPC Limited, revealing that the name of Mr. Ararume had been replaced. The names of the other nominations remained on the list as announced in September 2021. No reason was given for replacing Mr. Ararume’s name.
‘surprise’
As Mr. Ararume said in his lawsuit, the appointment of the board on January 7 with another person named non-executive chairman of the company was a surprise.
He said he only received a letter dated January 17, 10 days after he took office on the council that his appointment had been removed.
“That the 1st respondent in the said letter dated 17th January 2022 has not presented any reason, which warrants the removal or removal of my appointment as non-executive chairman of the 2nd respondent,” he wrote in the affidavit filed in support. of his suit.
“Why is it wrong to throw away”
He said he took over as non-executive chairman of the company on November 12, 2021, in which capacity he attended the 23rd World Petroleum Congress in Houston, Texas, United States of America.
Having been appointed, Mr. Ararume said, the inauguration was “just a ceremonial event” with no legal effect on his status and that of the other directors.
He said Mr. Buhari did not have the power to remove him at will because his office was governed by the Companies and Allied Matters, Petroleum Industry Act 2020, 2021 and the company’s Memorandum and Articles of Association.
He said he was never found guilty of “removing the non-executive chairman/director of the 2nd respondent under the provisions of the Petroleum Industry Act 2021 and/or the Articles of Association of the 2nd respondent. or the Companies and Consolidated Affairs Act 2020”.
He added that he had never resigned and was not dead.
“That I have never been judged or declared bankrupt or insolvent, nor have I in any way entered into any agreement or assignment, with my creditors, which has not been annulled or rejected;
“That no medical professional has given any medical opinion to any of the defendants that, being the non-executive chairman of the 2nd defendant, I am medically or physically unfit to perform the functions of my office;
“I have never demonstrated any inability to perform or continue to perform the duties of my position as non-executive chairman of the 2nd defendant,” the plaintiff wrote.
He therefore asked the court to declare that Mr. Buhari had no power to remove him from office “for any reason other than the conditions specifically listed in Section 63.3(3) of the Petroleum Industry Act, 2021”.
The former Imo State governorship aspirant filed the suit at the Federal High Court in Abuja on September 12 to challenge his removal eight months earlier.
He argued that his dismissal was “wrong” and that his tenure is “broken and interrupted”.
He said it violated various provisions of the Companies and Allied Matters (CAMA), 2020, the Petroleum Industry Act (PIA), 2021 and the company’s Memorandum and Articles of Association.
(IN)
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