Ifeanyi Ararume sues Buhari over withdrawal of NNPC board chair appointment

A former senator, Ifeanyi Ararume, has sued President Muhammadu Buhari over the withdrawal of his appointment as non-executive chairman of the Nigerian Nationwide Petroleum Firm (NNPC) Restricted.

Mr Ararume, who was appointed to the place in September 2021, was eliminated shortly earlier than the inauguration of the board of the corporate in January 2022.

The previous governorship candidate in Imo State filed the swimsuit on the Federal Excessive Courtroom in Abuja, on 12 September to problem his removing about eight months earlier.

He argued that his sacking was “wrongful,” and amounted to “disruption and interruption” of the time period of his workplace.

He mentioned it violated numerous provisions of the Firms and Allied Issues (CAMA), 2020, the Petroleum Trade Act (PIA), 2021, and the corporate’s Memorandum and Articles of Affiliation.

He prayed for N100 billion damages and an order reinstating him to the workplace.

He additionally urged the court docket to put aside all the choices the NNPC Restricted’s board had taken since his wrongful removing from workplace.

Background

Mr Buhari had in September 2021 appointed Mr Ararume because the non-executive chairman of the NNPC Restricted for a five-year time period.

The appointment, by advantage of the letter dated 20 October 2021 issued to him by the Secretary to the Authorities of the Federation, Boss Mustapha, took impact from 21 September 2021, the date NNPC Restricted was integrated as a personal firm restricted by the Company Affairs Fee (CAC).

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The incorporation of the nationwide oil firm was necessitated by the approaching into drive of the Petroleum Trade Act, 2021, which led to the unbundling of the company which had operated for many years as a public company.

The brand new board was initially scheduled to be inaugurated by President Buhari on 24 November 2021, however was suspended indefinitely with none purpose supplied on the eve of the scheduled occasion.

The presidency, on 5 January, made a recent announcement of the appointment to the NNPC Restricted’s board which revealed that Mr Ararume’s title had been changed. Different appointees’ names remained on the checklist as earlier introduced in September 2021. No purpose was given for the alternative of Mr Ararume’s title.

‘Shock’

Mr Ararume mentioned in his swimsuit that the inauguration of the board on 7 January with one other particular person named because the non-executive chairman of the corporate got here to him as a shock.

He mentioned he solely obtained a letter dated 17 January informing him of the withdrawal of his appointment 10 days after the inauguration of the board.

“That no causes by any means have been adduced by the first defendant within the mentioned letter seventeenth day of January 2022, warranting my purported removing or withdrawal of my appointment because the non-executive chairman of the 2nd defendant,” he wrote in his affidavit filed in help of his swimsuit.

‘Why my sacking is improper’

He mentioned he had assumed responsibility because the non-executive chairman of the corporate on 12 November 2021, and, in that capability, subsequently attended the twenty third World Petroleum Congress at Houston, Texas in the USA.

Having been appointed, Mr Ararume mentioned, inauguration was “merely a ceremonial occasion” with no authorized impact on his standing and that of the opposite administrators.

He mentioned Mr Buhari lacked the ability to take away him at will as his workplace was ruled by the Firms and Allied Issues, 2020, the Petroleum Trade Act, 2021, and the corporate’s Memorandum and Articles of Affiliation.

READ ALSO: Buhari replaces Ifeanyi Ararume as NNPC board chairman

He mentioned he was by no means discovered responsible of any “of the pre-conditions for the removing of a non-executive chairman/director of the 2nd defendant as prescribed within the Petroleum Trade Act, 2021 and/or the Articles of Affiliation of the 2nd defendant or the Firms and Allied Issues Act, 2020”.

He added that he by no means resigned from workplace and was not lifeless.

“That I’ve by no means been adjudged or declared bankrupt or bancrupt nor have I at any time by any means made any such association or project, with my collectors which has not been rescinded or put aside;

“That no medical practitioner has given any medical opinion to any of the defendants that I’m medically or bodily incapable of discharging the capabilities of my workplace on account of any infirmity of physique or thoughts because the non-executive chairman of the 2nd defendant;

“That I’ve by no means demonstrated an incapacity to carry out or to proceed to carry out the capabilities of my workplace because the non-executive chairman of the 2nd defendant,” the plaintiff wrote.

He, subsequently, urged the court docket to declare that Mr Buhari lacked the ability to take away him from workplace for “any purpose(s) by any means exterior the circumstances particularly listed within the mentioned Part 63(3) of the Petroleum Trade Act, 2021.”

He additionally urged the court docket to declare that by the mixed provisions of Articles 21.3, 21.4 and 24 of the Articles of Affiliation of the corporate, part 63(3) of the PIA, 2021 and Part 288 of CAMA, 2020, he “can’t be faraway from workplace because the non-executive chairman of the 2nd defendant at will by the first defendant, with out compliance with due strategy of the regulation.”

Listening to

Mr Ararume’s authorized group was led by Chris Uche, a Senior Advocate of Nigeria, when the swimsuit got here up earlier than Inyang Ekwo of the Federal Excessive Courtroom in Abuja, on Wednesday.

Alhassan Shuaibu, a principal state counsel from the Federal of Ministry of Justice, represented Mr Buhari.

Mr Uche informed the decide that the swimsuit had been served on the defendants and that the endorsement of service was already filed in court docket.

The decide ordered that CAC be joined as a celebration to the swimsuit for the reason that case needed to do with interpretation of the CAMA.

The plaintiff’s authorized group agreed. The decide then gave the plaintiff’s authorized group 5 days to amend its processes and file the identical.

The decide adjourned the swimsuit till 15 December for point out.