The Abuja division of the Federal High Court has voided the sack and removal of Senator Ifeanyi Ararume as non Executive Chairman of the Nigeria National Petroleum Company Limited (NNPCL) by President Muhammadu Buhari, describing it as arbitrary, unlawful and illegal.
In his judgment, yesterday, Justice Inyang Ekwo set aside the removal of Ararume on January 17, 2023 and awarded N5 billion against Buhari and NNPCL, to be paid to Ararume as damages for the wrongful sack and disruption of his appointment.
Justice Ekwo ordered that Ararume be immediately restored to office as non-executive chairman of the NNPCL. The judge also declared as null and void all decisions of the board of directors of the NNPCL carried out in the absence of Ararume.
Justice Ekwo held that Buhari acted ultra vires, wrongful, illegal, null and void in the ways and manners Ararume was sacked after using his name to register NNPCL and that such a brazen act cannot stand in the face of the law. The judge agreed that under section 63 of the CAMA, the president is vested with powers to remove directors of the organisation, but held that the powers were not at large.
The judge said the law clearly stipulated conditions under which directors of the NNPCL can be sacked, adding that a breach of the stipulated conditions would automatically make any purported sack unlawful.
In the instant case, Justice Ekwo said the Federal Government’s letter of January 17, 2022 signed by the Secretary to the Government of the Federation (SGF) did not give any reason for the removal of the plaintiff from being inaugurated along with other directors.
The court said the issue of contract fraud raised in the processes filed by the NNPCL cast doubt on the character, integrity and reputation of Ararume were afterthought, as such facts were not adduced in the letter that removed him from being inaugurated. To worsen the situation, Justice Ekwo said the NNPCL claimed to have obtained the alleged contract fraud against Ararume from on-line media, adding that no probate value can be attached to such information by any court.
The judge said even if the allegations were to be made in the proper way, the plaintiff must be confronted with the same and be allowed to defend himself as required by law, adding that anything short of that would amount to denial of fair hearing which, he said, was against the natural justice.
In the judgment, the judge restrained Buhari from removing the plaintiff as a director of the NNPCL, and that his name must also not be removed as non-executive chairman of the organisation.
Ararume had dragged Buhari before the court, praying it to declare his removal as NNPC chief illegal, unlawful and unconstitutional, and that it was a total breach of CAMA law under which NNPCL was incorporated. Apart from asking the court to issue an order to return him to office, Ararume also demanded N100 billion as compensation for the damages he suffered nationally and internationally in the unlawful way and manner his removal was carried out by President Buhari.
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, K.C Nwufor and Gordy Uche.
Ararume had 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. He also sought order of the court reinstating him, forthwith, and restoring him to office with all the appurtenant rights and privileges of the office of the NNPC non executive chairman.
