By Vivian Okejeme,Abuja
Two Senior Advocates of Nigeria(SAN)Professor, Kayinsola Ajayi and Etigwa Uwa, yesterday, staged a walkout in the Court, in the N100billion suit by Senator Ifeanyi Ararume against President Muhammadu Buhari.
Ararume had dragged Buhari before the Federal High Court, Abuja, praying it to declare his removal as Nigeria National Petroleum Company (NNPC) Chief, illegal, unlawful and unconstitutional and that it is a total breach of CAMA law under which NNPCL was incorporated.
Apart from asking the court to issue order to return him to office, Ararume also demanded for N100billion as compensation for the damages he suffered nationally and internationally in the unlawful ways and manners his removal was carried out by President Buhari.
When the matter was called yesterday, the SANs had appeared as counsels to the Nigeria National Petroleum Company Limited (NNPCL) in the suit by Ararume challenging his removal as the Chairman of the oil company.
Ajayi, a Professor of law, had sought to move three different applications comprising one asking the Court to stay proceedings pending the appeal against the ruling of the Federal High Court delivered on January 11, 2023.
Ajayi, after identifying the processes filed by NNPC against the suit, argued that the motion seeking stay of proceedings must be heard separately and ruling delivered by the Judge before any other motion should be entertained.
Reacting, counsel to Ararume, Chris Uche (SAN), claimed that the motion for stay of proceeding had not been served on him.
However, Professor Ajayi stood his ground to move the application separately and that the Judge must give separate rulings on it one way or the other before any other issue.
Responding, Justice Ekwo, asked the counsel to move all the three applications together, adding that he would deliver separate rulings in each of the applications so as to save judicial time of the court and in line with the provision of the Practice Direction of the court.
Consequent to the court ruling, Professor Ajayi and his fellow senior advocate, alongside their junior lawyers, announced their withdrawal from the suit and immediately staged a walkout on the court.
Earlier in the proceedings, counsel to Ararume, Chris Uche, while adopting his final brief of argument, urged the court to invoke the Companies and Allied Matters Act (CAMA) to nullify the removal of his client as the Chairman of the NNPCL.
Uche informed the Court that President Muhammadu Buhari acted outside the law to remove Ararume after incorporating the oil company in his name and was billed for inauguration in the capacity.
However, counsel to President Buhari, Abubakar Shuaib, prayed the court to dismiss the suit against his client on the grounds that it was statute barred at the time it was instituted.
Specifically, Shuaib argued that Ararume’s suit contradicted Section 2(a) of the Public Officers Act and as such was incompetent.
The Corporate Affairs Commission (CAC) through it’s counsel, Akeem Mustapha, SAN, asked the court to decline jurisdiction in entertaining the suit.
He submitted that CAC did not play any role in Ararume’s disputed removal apart from incorporating NNPCL as a limited liability company based on the document submitted to it.
Mustapha however said that Ararume’s appointment was political and that Buhari has the power to hire and fire, adding that the appointment has nothing to do with CAMA law.
Meantime, Justice Ekwo fixed 28 March for ruling and possible judgment in the suit.
