By Deborah Onyofufeke, Abuja
Justice Inyang Ekwo of the Federal High Court in Abuja yesterday reversed President Muhammadu Buhari’s sacking of Senator Ifeanyi Godwin Ararume as Non-Executive Chairman of the Nigeria National Petroleum Company Limited (NNPCL).
The court, in its judgement, also awarded the sum of N5bn against Buhari and NNPCL to be paid to Ararume as damages for his wrongful sack and disruption of his appointment.
Ekwo ordered that Ararume be immediately restored to office as Non-Executive Chairman of the NNPCL.
Ararume’s sack was voided by the court and his removal which was via a letter dated January 17, 2023, by President Muhammadu Buhari was set aside by the court because the action of the President was arbitrary, unlawful, and illegal.
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.
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.
Ararume had dragged Buhari before the Court praying it to declare his removal as NNPC Chief illegal, unlawful, and unconstitutional and that it is a total breach of CAMA law under which NNPCL was incorporated.
He also asked the court to issue an order to return him to office, demanding 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.
Ararume prayed to the court for an order to set aside his removal by Buhari vide letter of January 17, 2022, with reference number SGF.3V111/86.
He also sought an order of the Court reinstating him forthwith and restoring him to the office with all the appurtenant rights and privileges of the office of the NNPC Non-Executive chairman.
The politician further demanded nullification and setting aside all decisions and resolutions of the NNPC Board made in his absence from January 17, 2022, to date and another order restraining the defendants from removing his name as Director of the Company.
Ekwo in the judgement agreed that under section 63 of the CAMA, the President is vested with powers to remove Directors of the organization but held that the powers were not at large.
The Judge said that the law 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 that 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 that the issue of contract fraud raised in the processes filed by the NNPCL cast doubt on the character, integrity, and reputation of Ararume was an afterthought as such facts were not adduced in the letter that removed him from being inaugurated.
Ekwo also said that the NNPCL claimed to have obtained the alleged contract fraud against Ararume from online media adding that no probate value can be attached to such information by any Court.
The Judge said even if the allegations are to be made properly, 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 a denial of a fair hearing which he said, is 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.
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.
