There was mild drama at a Federal High Court sitting in Abuja on Monday, when two Senior Advocates of Nigeria (SANs) – Professor Kayinsola Ajayi and Etigwa Uwa – staged a walkout on the court in the N100billion suit filed by Senator Ifeanyi Ararume against President Muhammadu Buhari and others.
Ajayi, a Professor of law and Uwa, had appeared before Justice Inyang Ekwo to represent the Nigeria National Petroleum Company Limited (NNPCL) in the suit by Ararume, challenging his removal as the chairman of the oil company.
The Professor of Law, who led a retinue of lawyers on behalf of the NNPCL, had sought to move three different applications including one asking the court to stay proceedings pending the appeal against the ruling of the Federal High Court delivered on January 11, 2023.
Ajayi, after identifying the processes filed by NNPCL against the Ararume’s suit, argued that the motion seeking stay of proceedings must be heard separately and ruling delivered by the Judge before any other motion would be entertained.
The Judge, however, informed the Senior lawyer to move all the applications together and that he would deliver separate rulings on each of the applications so as to save judicial time of the court.
Although Ararume, represented by Chris Uche (SAN) claimed that the motion for stay of proceeding had not been served on him, Professor Ajayi stood his ground to move the applications separately and that the Judge must give separate rulings on them one way or the other before any other issue.
Following the decision of the Judge to take all the applications together in line with the provision of the Practice Direction of the Federal High Court, Professor Ajayi and his fellow Senior Advocate announced their withdrawal from the suit and immediately staged a walkout on the court.
The two senior lawyers were joined by their juniors in leaving the court immediately the Judge ordered them to move their three applications together.
Later during the proceedings, Ararume’s Counsel, Uche, while adopting his final brief of argument, urged the court to invoke the Companies and Allied Matters Act (CAMA 2020) to nullify the removal of his client as the chairman of the NNPCL.
Uche informed the Court that President Buhari acted outside the law to remove Ararume after incorporating the oil company in his name and was billed for inauguration in the capacity.
However, President Buhari’s counsel, Abubakar Shuaib, prayed the court to dismiss the suit against his client on the ground that it wa statute barred at the time it was instituted.
Specifically, Shuaib argued that Ararume’s suit offended Section 2(a) of the Public Officers Act and as such was incompetent.
On his part, Akeeem Mustapha, SAN, counsel to the Corporate Affairs Commission (CAC), which is the third defendant in the suit, asked the court to decline jurisdiction in entertaining the suit.
The Senior lawyer argued that his client did not play any role in Ararume’s disputed removal apart from incorporating NNPCL as a limited liability company based on the documents submitted to it.
Mustapha, however, said that Ararume’s appointment was political and that Buhari has the power to hire and fire, adding that the appointment has nothing to do with CAMA law.
After taking arguments from Ararume, President Buhari, and CAC, Justice Ekwo fixed March 28 for ruling and possible judgment in the suit.
Ararume had dragged President Buhari before the Court, praying it to declare his removal as NNPCL chairman 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 order to return him to office, Ararume also demanded for N100billion as compensation for the damages he suffered nationally and internationally over the unlawful ways and manners his removal was carried out by President Buhari.
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