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Ararume drags Buhari to court for removing him as NNPC board chair, demands N100bn

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Buhari vows to appeal judgement reinstating Ararume as NNPC chair President Muhammadu Buhari says the Federal Government will appeal the court judgement on the case between Senator Ifeanyi Ararume and the Nigeria National Petroleum Company (NNPC) Limited. Buhari maintained that due judicial process will be followed to resolve the problem. Recall that President Buhari had removed Senator Ararume as the non-executive Chairman of NNPCL board, at the time arrangement was going for his swearing in. But the Federal High Court in Abuja had on Tuesday, set aside all decisions taken by the Nigerian National Petroleum Company Limited board since January last yesterday Justice Inyang Ekwo held that President Buhari’s removal of Senator Ifeanyi Araraume as the Chairman on January 17, 2022, was illegal The Judge declared as null and void all decisions taken by NNPCL’s board of directors in Araraume’s absence. He awarded N5 billion damages against President Buhari and NNPCL in favour of Senator Ararume for his wrongful sack and the disruption of his appointment. However, a statement by the presidential spokesman, Chief Femi Adesina on Wednesday read, “President Muhammadu Buhari has taken due notice of judgment by the Federal High Court, Abuja, restoring Senator Ifeanyi Ararume as the non-executive Chairman of Nigeria National Petroleum Company Limited (NNPCL). “While the Office of the Attorney General of the Federation /Minister for Justice is yet to receive a formal copy of the ruling, the President affirms that due judicial process will be followed, and NNPCL has already taken steps to go on appeal. “The Administration respects the Rule of Law, and nothing will be done outside it to resolve the matter, the President says. “He sues for calm from all sides involved.”

A former senator representing Imo north senatorial district, Ifeanyi Ararume, has sued President Muhammadu Buhari to court for allegedly removing him wrongfully as board chairman of the Nigerian National Petroleum Company (NNPC) Limited.

Buhari, it would be recalled, had appointed Ararume as board chairman of the corporation in September 2021 but he was replaced with Margaret Chuba Okadigbo in January.

Margaret is the widow of the late Chub Okadigbo, a former president of the senate.

In the suit marked FHC/ABJ/CS/1621/2022 and filed at the Abuja federal high court, Araraume is seeking to be reinstated as the board chairman and be paid N100 billion in damages.

In the suit, the former senator asked the court to determine the following questions;

“Whether by a proper construction and interpretation by this Honourable Court of the provisions of the memorandum and Articles of Association of the 2nd defendant, the Companies and Allied matters Act, 2020 and the Petroleum Industry Act 2021, the office and position of the plaintiff as non-executive chairman of the 2nd defendant are not exclusively governed and regulated by the Companies and Allied matters Act, 2020, the Petroleum Industry Act, 2021 and the Memorandum and Articles of Association of the 2nd defendant.

“Whether by a proper construction and interpretation of the provisions of Section 63(3) of the Petroleum Industry Act, 2021, the 1st defendant can lawfully remove the plaintiff as the non-executive chairman of the 2nd defendant for any reason(s) outside the conditions specifically listed in the said Section 63(3) of the Petroleum Industry Act, 2021.

“Whether the plaintiff as the non-executive chairman of the 2nd defendant for a fixed term of 5 (five) years with effect from the 21st Day of September 2021, can be lawfully removed from office by the 1st defendant at will and without compliance with the strict provisions of Articles 21.3, 21.4, and 24 of the memorandum and Articles of Association of the 2nd defendant, Section 63(3) of the Petroleum Industry Act, 2021 and Section 288 of the Companies and Allied Matters Act, 2020.

“Whether the purported removal of the plaintiff as a non-executive chairman of the 2nd defendant vide the letter dated the 17th Day of January, 2022 without compliance with the strict provisions of Articles 21.3, 21.4 and 24 of the Memorandum and Articles of Association of the 2nd defendant, Section 63(3) of the Petroleum Industry Act, 2021 and Section 288 of the Companies and Allied Matters Act, 2020 is not wrongful, illegal, null and void and of no legal consequence whatsoever.”

The former senator sought the following reliefs;

“A declaration of this Honourable Court that by the provisions of Section 63(3) of the Petroleum Industry Act, 2021, the 1st defendant cannot lawfully remove the plaintiff as the non-executive chairman of the 2nd defendant for any reason(s) whatsoever outside the conditions specifically listed in the said Section 63(3) of the Petroleum Industry Act, 2021.

“An order of this Honourable Court setting aside the removal of the plaintiff as the non-executive chairman of the 2nd defendant vide the 1st defendant’s letter dated the 17th Day of January, 2022 with reference no: SGF.3/VIII/86.

“An order of this Honourable Court reinstating the plaintiff forthwith and restoring him to his office with all the appurtenant rights and privileges of his office as the non-executive chairman of the 2nd defendant.

“The sum of N100,000,000,000 (One Hundred Billion Naira) being damages for the wrongful removal, disruption and interruption of the term of office of the plaintiff as the non-executive chairman of the 2nd defendant.”

 

 

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