Hearing in the N100 billion suit brought against President Muhammadu Buhari by Senator Ifeanyi Ararume, was yesterday stalled at the Federal High Court in Abuja over improper service of court processes.
Though the suit was slated for hearing, it was shifted till another date following discovery that the amended originating summons meant for the newly Incorporated Nigerian National Petroleum Company, (NNPC) was served on the Federal Ministry of Justice.
During the proceedings, counsel to the NNPC, Oluseye Opasanya, a Senior Advocate of Nigeria, SAN, informed the court that all his processes were filed based on the initial originating summons.
He told Justice Inyang Ekwo 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 lawyer adding that the amended originating summons has been served on all parties as required by law.
A search for proof of service in the case file by Justice Inyang Edem 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 lawyer 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.
Justice Ekwo subsequently shifted definite hearing in the suit till January 11 next year to enable parties amend their processes to accommodate the Corporate Affairs Commission.
Justice Ekwo warned that all Lawyers involved in the matter must file and exchange all their processes before the adjourned date adding that any counsel who fails to adhere to the warning would be personally penalized by the court.
Last month, Ararume slammed N100 billion on President Buhari over his alleged unlawful removal as a non-Executive Chairman of the Nigerian National Petroleum Company, (NNPC).
He is demanding the sum as damages caused him in the alleged unlawful manner he was removed as the NNPC Chief after using his name to incorporate the entity.
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, 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.
The Imo politician 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 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 make a declaration 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.
By a letter of January 17, 2022, he was informed of withdrawal of his appointment but without any reason whatsoever to justify the purported removal.
The 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.
Subsequently, Ararume 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.
At the November 9 proceedings, Justice Ekwo ordered that the Corporate Affairs Commission (CAC) be joined as a party following no objection from Chief Chris Uche SAN who stood for Ararume and Alhasan Shuaib who represented President Buhari.
The court ordered that the originating summons be amended to accommodate CAC and be served on all parties.
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