NEWS
NNPC Board Chair: Buhari Replies Araraume, Raises Issue of Jurisdiction, Statute of Limitation
President Muhammadu Buhari has filed a notice of preliminary objection challenging the jurisdiction of the Federal High Court to entertain the suit by Senator Ifeanyi Araraume on his alleged illegal removal as non-executive chairman of the Board of the Nigerian National Petroleum Company Limited (NNPCL).
The notice of objection was filed on December 8, 2022 on his behalf by the Acting Director, Civil Litigation and Public Law Department, Mrs Maimuna Lami Shiru; Chief State Counsel, Simon Enock, Esq; Principal State Counsel, A.
H, Shaibu and Senior State Counsel, Kingsley Ideozu, all of the Department of Civil Litigation and Public Law, Federal Ministry of Justice.The objection was raised by the legal team of President Buhari, who is the first defendant in the suit, in a notice of preliminary objection brought pursuant to Section 2(A) of the Public Officers Protection Act, 2004 and under the inherent jurisdiction of the Honourable Court as provided by Section 6 (6) of the 1999 Constitution (as amended).
Specifically, President Buhari predicated his objection on three grounds, to wit: that the removal of Araraume (the plaintiff/respondent in the suit) as the non-executive chairman of NNPCL (2nd defendant/respondent) was done in his capacity as a Public Officer by virtue of Section 251 (1) of the 1999 Constitution (as amended); that the suit was a statute barred action , which offended the provisions of Section 2(a) of the Public Officers Protection Act, 2004 with respect to his administrative acts or decisions made on January 17, 2022, being a period of about seven months prior to the filing of this suit on September 12, 2022; and on the grounds that the suit amounted to an abuse of court process, which ultimately deprived the court of the jurisdiction to entertain it.
A six-page written address was filed before the court in support of the preliminary objection where the three grounds were exhaustively argued.
The matter came up for mention on Thursday, December 15, 2022 before Justice Inyang Ekwo, but had to be adjourned to January 11, 2023 for hearing to enable parties file all their processes including their statements of defence.
Counsel to the second defendant/respondent-the Nigeria National Petroleum Company Limited (NNPCL), Oluseye Opasanya, SAN, had told the court that he had yet to receive the amended originating summons by the plaintiff in which he (plaintiff- Araraume) joined the Corporate Affairs Commission (CAC) as ordered by the court on November 9, 2022 as a necessary party.
He said that consequently, he would plead with the court to grant him extension of time to enable him respond to the amended processes.
Justice Ekwo enjoined parties in the matter to ensure housekeeping prelude to the January 11, 2023 hearing date.
He said: “on the date fixed for next proceeding, housekeeping should have been concluded and I hereby enjoin all counsel to cooperate with the court for expeditious determination of this matter for hearing.”
He said that parties should be prepared to exchange processes before January 11, adding that there would be no service on that day.
He warned that “Any party that defaults will be penalised by the court.”
The NNPCL, which is the second defendant in the suit had also filed its notice of preliminary objection challenging the competence of the suit and praying the court to make an order dismissing it; or, in the alternative, make an order striking out Araraume’s originating summons dated September 12, 2022 (now amended); or make such further order or orders as it (the court) may deem to make in the circumstances.
Counsel to the NNPCL who endorsed the second defendant’s notice of preliminary objection are Konyin Ajayi (SAN), Etigwe Uwa (SAN) and Dr K.U.K Ekwueme.
They listed the grounds of preliminary objection to include the fact that the plaintiff (Araraume’s) action was statute-barred having regard of Section 2 (a)of the Public Officers Protection Act Cap P41 LFN 2004; the action constituted an abuse of court process being one that was not supported by law, having regard to the provisions of the Interpretation Act 2004; the Petroleum Industry Act 2021; the Companies and Allied Matters Act, 2020; and the Articles of Association of NNPCL
Besides, they averred that the suit was wrongly commenced by originating summons as the 75-paragraph affidavit in support thereof, raises inherently contentious facts; and the originating summons required proof by oral evidence; and that the plaintiff’s 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 1st defendant/respondent implicated in this action.
Parties will join issues on the issue of jurisdiction and other grounds of objection when hearing commences on January 11, 2023.
Recall that Senator Araraume had instituted the N100 billion suit against the Federal Government over his alleged unlawful removal as a non-Executive Chairman of the newly-incorporated Nigeria National Petroleum Company (NNPC) Limited.
Araraume had asked for N100 billion as damages caused him in the alleged unlawful and unconstitutional way and manner he was removed as the NNPC chief after using his name to incorporate the entity.
When the matter was called on Wednesday, November 9, 2022, one of Araraume’s counsel, Mr Chris Uche, (SAN) had told the court that all parties in the matter had been served the necessary processes.
The judge, Justice Inyang Ekwo, had, however, evoked provisions of Order 9 Rule 14 (2b) of the Rules of the Federal High Court that allows a judge to order a party whose presence in a matter is pertinent to join the matter.
Justice Ekwo ordered that the Corporate Affairs Commission (CAC) be joined as a party since the case had to do with interpretation of the Company and Allied Matters Act (CAMA).
There was no objection from any of the parties.
The judge had adjourned the matter until December 15 for mention and ordered that the amended originating summons be served on parties before the adjourned date.
The suit marked, FHC/ABJ/CS/691/2022 was instituted on Araraume’s behalf by a group of Senior Advocates of Nigeria (SANs) comprising Messrs Chris Uche, Mahmud Magaji, James Onoja, K.C Nwufor and Gordy Uche.
Mr Alhassan Shuaibu, a Principal State Counsel from the Ministry of Justice, had announced appearance for the Federal Government. He was also in court on Thursday representing the Federal Government (Buhari)
Senator Araraume had formulated four issues for determination by the court.
One of the issues was whether in view of the provisions of the Memorandum and Articles of Association of the NNPC, Companies and Allied Matters Act 2010 and the Petroleum Industry Act 2021, the office of the non executive chairman is not governed and regulated by the stated provisions of the law.
Araraume had also asked the court to determine whether by the interpretation of Section 63 (3) of the Petroleum Industry Act 2021, the president could lawfully remove him as non executive chairman of the NNPC for any reason outside the provisions of the law.
He further asked the court to determine whether the president could sack him without compliance with expressly stated provisions of the Articles of Memorandum of Association of the Company, Section 63 (3) of the PI Act 2021 and Section 288 of the CAMA Act 2020.
Another issue for determination was whether his purported removal vide letter of Jan. 17 without compliance with expressly stated provisions of the law was not wrongful, illegal, null and void and of no legal consequence whatsoever.
The plaintiff had asked the court to, upon determination of the issues in his favour, make a declaration that his position as non executive chairman of the NNPC was exclusively governed and regulated by CAMA 2020, Petroleum Industry Act 2021 and Memorandum of Association of the Company.
“A declaration that by the provisions of Section 63 (3) of the PI Act, CAMA Act and Memorandum of Association of the NNPC, the president cannot by will remove him from office as non executive chairman without following due process of the law.”
The former lawmaker asked the court for an order setting aside his removal by the president via a letter of Jan. 17 with reference number SGF.3V111/86.
He also asked the court for an order reinstating him and restoring him to office with all the rights and privileges of the office of the NNPC non executive chairman.
He also asked the court for an order nullifying and setting aside all decisions and resolutions of the NNPC board made in his absence from Jan. 17 till date.
He asked for an order restraining the defendants from removing his name as director of the company.
He asked for N100 billion as damages for the wrongful removal, disruption and interruption of his term of office as non executive chairman of the NNPC.
In a 75 paragraph affidavit in support of the suit, Araraume averred that upon the passage of the Petroleum Industry Act 2021, the former NNPC and its subsidiaries were unbundled to become Nigeria National Petroleum Company registered with the Corporate Affairs Commission with number 1843987.
“On Oct. 20, 2021, the president approved my appointment as a non executive chairman for a period of initial five years and subsequently, my name registered in the Memorandum of Articles of the Company and the appointment was announced to the whole world.
“Based on the appointment, I attended the 23rd World Petroleum Congress in America but surprisingly on Jan. 7, the president inaugurated the NNPC Board without recourse to me while another person was named in (my) place.”
“By a letter of Jan. 17, I was informed of withdrawal of my appointment but without any reason whatsoever to justify his removal.”
The plaintiff asserted that he was not guilty of any pre- conditions for removal or adjudged medically unfit for the job.
He asserted that he had suffered loss of credibility and goodwill, untold emotional, mental and psychological trauma and public humiliation on account of his alleged unlawful removal.
He had therefore prayed the court to award him N100 billion compensation and to order his return to office in line with the letter and conditions of his appointment.
From Attah Ede, Makurdi
The United Nations Children Fund, UNICEF with funding from Swedish International Development Cooperation Agency(SIDA), has supported Benue State Government with 400 School-in-a-Box kits, containing notebooks, writing materials and teaching aids to enhance the full implementation of Building Rights to Access and Compulsory Education for Un-enrolled Pupils (BRACE-UP) Project in the state.
Speaking at the official flag-off of the teaching and learning materials and dissemination of the BRACE-UP implementation plan at SUBEB headquarters in Makurdi, Mrs.
Juliet Chiluwe, Chief of UNICEF Enugu Field Office, said they are making presentation of 330 tablets for digital learning, and the dissemination of the two-year Project BRACE-UP Implementation Plan.She maintained that the kits would benefit about 16,000 school children and strengthen classroom teaching and learning, stressing that the provision of 330 tablets to teachers earlier trained by UNICEF on digital literacy, will support the Nigerian Learning Passport and help expand access to digital learning in schools.
According to her The BRACE-UP Implementation Plan provides a clear roadmap to enrol more than 50,000 un-enrolled children over the next two years, while strengthening community mobilisation, teacher support, alternative learning pathways, data systems and accountability for results.
“With the leadership of the Benue State Government, SUBEB and the commitment of partners and communities, this plan can help reduce exclusion and improve education outcomes across the state.
“I commend the Government of Benue State and SUBEB for prioritising children’s learning, and I appreciate the dedication of teachers, parents, communities, traditional and religious leaders, civil society organisations and development partners”, Chiluwe stated.
Flagging off the distribution, deputy governor of Benue State State, Barr. Sam Odeh, maintained that state government has taken a decisive step toward fulfilling that promise by unveiling the detailed Implementation Plan developed by SUBEB in collaboration with UNICEF, and equally, graciously sponsored by UNICEF to guide the project over the next two years.
He noted that the plan would strengthening the capacity of teachers and stakeholders, deepening community and parental support, conducting data-driven mapping and enrolment of out-of-school children, running strategic outreach campaigns, empowering student marshals and LGA task teams.
He said it would reinforcing monitoring and quality assurance, expanding non-formal learning pathways for vulnerable children, and improving school infrastructure across the state.
Put together, these eight pillars address both the reasons children are kept away from school and the conditions that make school unwelcoming when they do arrive.
This initiative is not a cheap undertaking. The resources being committed to Project BRACE-UP run into hundreds of millions of naira. Yet, the Benue State Government under His Excellency, Rev. Fr. Dr. Hyacinth Iormem Alia, has chosen, without hesitation, to make this investment. We do so because we believe that no amount spent on the future of a Benue child is ever too much.
Today also marks the flag-off of the distribution of 400 School-in-a-Box kits donated by UNICEF, containing teaching and learning materials that will reach over 8,000 learners in public schools across the state.
“Alongside this, we flag off the distribution of sporting equipment to hundreds of schools spread across all three zones through the collaboration of SUBEB and UBEC. These items may appear modest to some, but to a school or to a pupil who has never owned a football or a sporting apparatus, they represent dignity, opportunity, and hope.
“To the stakeholders gathered here today, I say this: government cannot do this work alone. Every child deserves to reach their full potential, and you and I can help them achieve this. This is why the synergy between SUBEB, UBEC and UNICEF has come to fruition today. They have already, written their names in gold by investing in the future of Benue state through our children.
“To the teachers and headteachers who will receive these kits and equipment, I charge you to guard them jealously and put them to the use for which they are intended, which is the holistic education and development of our children”, Odeh maintained.
By Tony Obiechina, Abuja
The Minister of Defence, General Christopher Gwabin Musa has successfully concluded a strategic three-day working visit to Cotonou, Republic of Benin.
The high-level delegation focused on deepening bilateral defence cooperation, harmonising regional security frameworks, and reinforcing joint strategies to eliminate cross-border security threats across West Africa.
Hosted by his Beninese counterpart, Minister of National Defence Mr. Gildas Agonkan, the visit delivered actionable commitments across sectors.
According to a statement by the minister’s media adviser, Leah Katung Babatunde on Friday, General Musa in separate meetings with Mr Agonkan, the Beninese Minister of National Defence and the high military command urged greater alignment between regional security blocs to confront West Africa’s evolving security landscape.
They all reaffirmed their commitment to safeguarding democratic governance, stabilising land borders, and securing the Gulf of Guinea against piracy and maritime crime.On enhanced intelligence sharing, the consensus was to establish seamless, real-time intelligence fusion mechanisms. This actionable intelligence pipeline will allow both militaries to track, trace, and neutralise transnational criminal networks and insurgent cells before they execute operations.
Reaffirming the Federal Government’s zero-tolerance stance against terrorism, the Minister charged his host to work with Nigeria to aggressively deny safe havens to violent extremist organisations attempting to exploit shared borderlands and declared that in Nigeria, security forces are showing no mercy to terrorists, bandits, and armed extremists.
To reinforce border security, Nigeria offered Benin an olive branch to allow security personnel wider pursuit range at the borders to prevent insurgent spillover and illegal trafficking.
The Honourable Minister and his delegation were also at the Centre for Post Conflict Demining and Explosive Ordnance Disposal (EOD) Operations (CPADD) and the Glo-Djigbe Industrial Zone (GDIZ). The aim of the visits to these locations was for local capacity building in line with the operation pillar 3 of the Minister; Intelligence-Driven and Technology-Enabled Defence. The sessions availed both countries the opportunity to exchange ideas aimed at boosting development and industry of both nations in line with ECOWAS protocols on trade and the Africa Continental Free Trade Area.
During the visit, General Musa inspected Nigerian Army troops deployed in Togbin, Cotonou, deployed on the Peace Support Mission in the Republic of Benin under Operation ATILEYIN ALAFIA II.
While boosting the morale of the troops, the Honourable Minister re-echoed his insistence on no mercy for terrorist, “We are going to partner with the troops of the Republic of Benin to ensure that we stop all those bandits, all those criminals that are killing people in our own countries, so that we can deal with them. One of the reasons for my visit is to come here and meet their own Minister of Defence so that we can sit down and see how we can work out our operations together, so that we can stop these people from infiltrating through our borders.”
General Musa assured of the Federal Government’s commitment to improving their welfare and providing necessary support.
“A lot of good things that Mr President is preparing for you, we are following up to ensure that you live very well. We are providing the necessary aspects so that you can do your job. We know our job is very, very difficult, and most times people don’t appreciate what we are doing. But God knows we are doing our best, and we are securing Nigeria,” he said.
The Minister during the visit held diplomatic talks with Nigeria’s Ambassador to Benin, Mrs. Mopelola Ibrahim, reiterating President Bola Ahmed Tinubu’s commitment to military welfare and regional peace.
By Tony Obiechina, Abuja
The Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) has given the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) a 48-hour ultimatum to dissolve the Host Community Development Trust (HCDT) set up for communities hosting Sterling Oil Exploration and Energy Production Company (SEEPCO), as the commission escalated pressure over unmet obligations to oil-producing communities.
The directive came at an investigative hearing held Thursday, August 6, 2026, at RMAFC’s headquarters in Abuja, where the commission’s Investment Monitoring Committee scrutinised SEEPCO’s compliance with the Host Community Development Trust provisions of the Petroleum Industry Act (PIA).
The Committee expressed strong concern over SEEPCO’s repeated failure to honour invitations to appear before it despite previous engagements. Dr. Enefe maintained that the Commission would not tolerate attempts by any operator to evade legitimate oversight.
Addressing the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), chairman of the Investment Monitoring Committee and Federal Commissioner representing Anambra State at RMAFC, Dr. Ekene Enefe maintained that RMAFC’s constitutional mandate requires it to hold every institution within the petroleum value chain accountable for the effective discharge of its statutory responsibilities.
He consequently directed NUPRC to immediately address concerns surrounding the Host Community Development Trust established for the affected communities, declaring: “We are going to give you 48 hours to dissolve that host community development trust.”
RMAFC Chairman, Dr. Mohammed Bello Shehu reaffirmed the commission’s commitment to protecting the interests of host communities, describing the hearing as a critical national responsibility.
He commended the Committee for its diligence and said RMAFC’s constitutional mandate demands firm oversight, transparency and accountability in managing the nation’s revenue assets.
The Chairman commended the committee for its diligence and urged members to remain resolute, noting that RMAFC’s constitutional mandate requires firm oversight, transparency and accountability in the management of national revenue assets.
He expressed confidence that the investigation would strengthen trust in the petroleum sector and ensure that host communities receive the full benefits guaranteed under the Petroleum Industry Act.
He said the committee would conclude its investigation and forward its findings to the appropriate authorities, insisting RMAFC would discharge its oversight role without fear or favour.
Earlier, an NUPRC delegation led by Mrs. Ufondu Ejiro, Director, host communities, told the committee the trust had been duly incorporated, funded and structured in line with the law.
She presented documentation on community consultations, governance structures, funding matrices, Community Development Plans and contributions made into the Trust, maintaining that NUPRC operates within the framework of the PIA and the Host Community Development Regulations.
Responding for the affected communities, Mr. Peter Chukwudi., disputed NUPRC’s submissions, saying the communities did not recognise several of the persons presented as their representatives and that adequate consultations had not taken place before the Trust was constituted.
He questioned the level of development recorded despite years of oil production.
Prof. Charles Ofoegbu, commissioner for Petroleum and Mineral Resources in Anambra State, called for closer collaboration between NUPRC and the State Government in verifying community representation, urging greater transparency in statutory contributions, operational expenditure and project execution.
Federal Commissioner for Rivers State, Amb. Desmond Akawor, noted a disconnect between the regulator and affected state governments and expressed concern over SEEPCO’s absence from the hearing.
Federal Commissioner for Kogi State, Hon. Abdulazeez Idris King, questioned whether reliance on operator-submitted documents alone could establish that genuine community consultations had occurred.
Federal Commissioner for Jigawa State, Hon. Hauwa Umar Aliyu, urged regulators to maintain professionalism and impartiality, stressing that host community interests deserve equal attention alongside operators’.
Also present were Federal Commissioners Aruviere Egharhevwa (Delta), Abdullahi Mukhtar Muhammad, MON (Kaduna), Dr. Nathaniel Adojutelegan (Ondo) and Sen. Marafa Bashir Abba (Taraba); Secretary to the Commission, Comrade Tosin Adeyanju; and Mrs. Zainab Larai Adamu, director, gas and investment, who serves as the committee’s secretary.
Dr. Enefe said every submission and piece of documentary evidence would be carefully examined as the committee continues pursuing its constitutional mandate on behalf of the Federation and the affected communities.
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