Court Fixes Dec. 4 For Definite Hearing Of Suit Challenging Appointment Of NPA Board, ED
Justice Tijjani Garuba Ringim of a Lagos Federal High Court, today, fixed December 4, 2021, for the hearing of suit challenging the appointment of Nigerian Port Authority (NPA) Board of Directors and Executive Director.
Justice Ringim fixed the date, after hearing from the plaintiffs’ counsel, Ejieke Onuoha, who informed the court that all the defendants in the suit have been served with the plaintiffs’ processes, but yet to file any counter to the suit.
Following the plaintiffs’ counsel submissions, Justice Ringim adjourned the matter till December 4, 2021, while ordered that hearing notice be issued to all the defendants.
The plaintiffs in the suit marked FHC/L/485/2021 are; Elder Asu Beks; Mr. Tompra Abarowei and Mr. Miebi Senge. While the defendants include: The President, Federal Republic of Nigeria; the Honourable Minister of Transport; Ms. Hadiza Bala Usman and Mr. Emmanuel Adesoye, NPA’s Board Chairmans.
The plaintiffs had filed the suit through their Counsel, Chief Mike Ozekhome (SAN) challenging President Muhammadu Buhari’s power to unlawfully constitute the Board of the NPA, as well as appointment of its Executive Directors without recourse to the statutory provisions of the Nigerian Ports Authority (NPA) Act.
The plaintiffs had joined the embattled Managing Director of NPA, Hadiza Bala Usman in the suit, saying that Buhari prematurely reappointed, six clear months before her tenure expires.
The plaintiffs held that the newly constituted Board of NPA has no Representative of the Ministry of Transportation as enshrined in the statues of the NPA Act and that it reflected complete disregard for professionalism and requisite expertise in shipping and ancillary maritime matters for its members.
The plaintiffs therefore put forward the following questions for determination: “Whether the 1st defendant in the discharge of his statutory duties has the vires under Section 2 and 10 of the NPA Act to lawfully and prematurely re-appoint the 3rd defendant to her position as the Managing Director of the Nigerian Ports Authority (NPA) six clear months before the expiration of her existing tenure of office”.
“Whether the acts of the 1st defendant in the appointment and composition of the NPA Board are not illegal, wrongful, unlawful, unconscionable, null and void, and of no effect whatsoever.
They are also seeking the court’s declaration that the act of the first defendant in purporting to re-appoint and/or extend the tenure of office of the third Defendant as the Managing Director of the NPA six clear months from the expiration of her present tenure is in contravention of the provisions of Sections 2 and 10 of the NPA Act, Laws of the Federal Republic of Nigeria, and thereby renders same unlawful, wrongful, illegal, null and void, and of no effect whatsoever.
They also asked for a declaration that the first Defendant lacks the authority, vires and power to prematurely re-appoint and extend the tenure of office of the third defendant as the Managing Director of the NPA six (6) clear months to the expiration of the said tenure.
A declaration that the appointment of and composition of the new Board of the NPA as announced by the President on 21st January, 2021, is in blatant violation of the express provisions of Section 2 of the NPA Act, as the Act does not contemplate the composition of the Board based on geopolitical zones.
The plaintiffs also asked for a court order, setting aside the purported and premature re-appointment of the 3rd defendant as the Managing Director of the NPA, and the consequential dissolution of the Board of the NPA headed by the first defendant and as reconstituted by the first Defendant in January 2021.
An order directing the third defendant and the entire Board of the NPA to vacate forthwith their respective offices and refund all salaries, allowances and benefits received by them with effect from January 21, 2021, (When the Board was appointed), to the coffers of the Federal Government of Nigeria.
And an order of perpetual injunction restraining the first Defendant, either by himself and/or acting through any of his Ministers, officers, servants, agents, and/or privies, under any guise howsoever from further breaching provisions of the NPA Act by prematurely re-appointing and extending the tenure of office of the thirrd Defendant occupant of the office of Managing Director, NPA and also members of the Board of the NPA, in gross violation of the express provisions of the NPA Act, LFN, (2004).
The plaintiffs in a 19-paragraph affidavit in support of the originating summons, deposed to by Elder Beks, averred that the NPA Act is the enabling Act that governs the NPA and it stipulates the composition and membership of the Board and that such is not based on geopolitical zones as the present Board suggests.
The deponent stated that the present composition does not show that any of the five members has the cognate experience in shipping and commercial matters; nor is there are representative of the Federal Ministry of Transport, rather, it is conglomeration of politicians and friends of the President and Minister of Transport, the first and second defendants in the suit.
They further averred that the actions of President Buhari are clearly outside and in excess of the provisions of the NPA Act.
