President Muhammadu Buhari has faulted the suit filed by Senator Ifeanyi Ararume challenging his removal as the Chairman of the board of the Nigerian National Petroleum Company Ltd (NNPCL).In a notice of objection filed for the President by the Federal Ministry of Justice, the court was urged to strike out the suit for being statute barred.
It was argued the suit was filed about seven months after the cause of action arose as against the three months allowed for the institution of such cases under Section 2(a) of the Public Officers Protection Act, 2004.
The President noted that Ararume was removed on January 17, 2022, but chose to sue on September 12, 2022.
Buhari, listed as the first defendant in the suit marked: FHC/ABJ/CS/691/2022, noted that the suit “is against the administrative decision or act of the first defendant for removing the plaintiff as the Non-Executive Chairman of the second defendant by virtue of Section 251(1)(r) of the 1999 Constitution.
“The first defendant is a public officer. And the administrative acts or decisions of the first defendant made on 17 January 2022 has lasted a period of about seven months thereafter, prior to the filling of this action by the plaintiff on 12th September 2022 renders the suit statute-barred.
“Thus, the action filed by the plaintiff as presently constituted against the first defendant is obviously a statute-barred action that is caught up by the law on the limitation period of filing an action and of which as it relates to this suit, section 2(a) of the Public Officers Protection Act, 2004, an action ordinarily ought to be brought within three months from the date of such decision or act by the first defendant.
“The plaintiff slept over his right of action and as such has, by implication waived his private right under the law.
“The resultant effect of his failure to institute this action within three months as required by statute is that the plaintiff must face the music and bear with the consequences and wrath of the law.” The NNPCL also raised similar objection and prayed the court to reject the suit.
In its objection, the NNPCL argued that Ararume’s suit is not only statute barred having regard to section 2(a) of the Public Officers Protection Act Cap P41 LFN 2004, it constitutes an abuse of court process being one that is not supported by law, having regard to the provisions of the Interpretation Act 2004; the Petroleum Industry Act 2021; the Companies & Allied Matters Act 2020; and the Articles of Association of NNPCL.
It added that the suit was wrongly commenced by originating summons as the 75-paragraph affidavit in support thereof raises inherently contentious facts; and the reliefs sought in the originating summons require proof by oral evidence.
The NNPCL, further stated that “the suit, as constituted, is incompetent, lacking in any cause of action; nor carrying any right of action, having regard to the statutory powers of the first defendant/respondent implicated in this action.”
Defendants in the suit are the President, NNPCL and the Corporate Affairs Commission (CAC).
At the mention of the case on Thursday Justice Inyang Ekwo ordered parties to file all relevant processes, including defendants’ responses to the substantive suit and adjourned till January 11 next year for a hearing.
Ararume, who faulted the manner he was removed by the President, wants the court to among others, issue an order setting aside his removal by President Buhari.
He also wants an order restoring him to office with all the appurtenant rights and privileges of the office of the non-Executive Chairman of the NNPCL.
Ararume is also praying the court to set aside of all decisions and resolutions of the NNPCL’s Board made in his absence from January 17, 2022 till date and another order restraining the defendants from removing his name as Director of the company.
He is also seeking N100billion as damages for his alleged wrongful removal; disruption and interruption of his term of office as a non-Executive Chairman of the NNPCL.