Nigeria’s President, Dr. Goodluck Jonathan, Attorney-General of the Federation, Mohammed Bello-Adoke and Minister of Transport, Mr. Yusuf Suleiman have been dragged before the Federal High Court, Abuja over the appointment of former Governor of Bauchi State, Alhaji Ahmadu Adamu Mu’azu as Chairman, Board of Nigerian Maritime Administration and Safety Agency (NIMASA).
The suit No.: FHC/ABJ/CS/186/2011 filed at the Federal Court 5, Abuja by Oghenovo Otemu Esq. and Alexander Oketa Esq. as plaintiffs are urging the Court to nullify the appointment of the 1st Respondent (Alhaji Ahmadu Adamu Mu’azu) by the 2nd Respondent (President of the Federal Republic of Nigeria) as Board Chairman of the Board of Nigerian Maritime Administration and Safety Agency.
In an affidavit in support of the originating summons, the 1st and 2nd Applicants, Oghenovo Otemu and Alexander Oketa alleged that while the 1st Respondent was the Executive Governor of Bauchi State, several financial and administrative misconducts were discovered, leading to the setting up of a Judicial Commission of Inquire to investigate and make recommendation to the Government of Bauchi State.
They had alleged that the outcome of the inquiry and recommendation of the Panel, in its White paper report which is Gazetted and published on 12th November, 2009 indicted the former governor in the Management of some Ministries, Parastatals, Extra Ministerial Departments of the Public Service of Bauchi State from May, 1999 to May, 2007. The indictment, according to the Applicants, also led to the subsequent ban of Alhaji Ahmadu Adamu Mu’azu, the former governor from holding any public office for a period of ten years.
They therefore queried his appointment as Chairman, Board of Nigerian Maritime Administration and Safety Agency while the ban was still extant.
In the originating summons brought pursuant to Sections 6 & 9 of Nigerian Maritime Administration and Safety Agency Act, 2007, the plaintiffs are calling on the Court to compel the 1st to 4th defendants to appear before it within 8 (eight) days after service of the summons on them.
The 1st to 4th defendants in the suit include Alhaji Ahmadu Adamu Mu’azu, the President of the Federal Republic of Nigeria, the Attorney-General of the Federation and the Honourable Minister of Transport.
The matter, according to findings has already been assigned to Federal High Court No. 5 Abuja under Justice Bello to determine whether the Government White Paper on the Report of the Judicial Commission of Inquiry into the Management of some Ministries, Parastatals, Extra Ministerial Departments of the Public Service of Bauchi State from May, 1999 to May, 2007 is not a valid and binding document on all authorities and persons in Nigeria, including the Defendants, until set aside by a Court of competent jurisdiction.
It also sought to know whether by virtue of the Recommendations and the Bauchi State Government’s position which banned the 1st Defendant from holding public office for a period of ten years and which is contained and/or published in the Government White Paper on the Report of the Judicial Commission of Inquiry into the Management of some Ministries, Parastatals, Extra Ministerial Departments of the Public Service of Bauchi State from May, 1999 to May, 2007, the 1st Defendant can be appointed by the 2nd, 3rd and 4th Defendants into any public office until 2019.
The Federal High Court is further enjoined to ascertain whether the appointment of the 1st Defendant as Board Chairman of the Board of Nigerian Maritime Administration and Safety Agency by 2nd Defendant is not null and void by virtue of the Recommendations and the Bauchi State Government’s position which banned the 1st Defendant from holding public office for a period of ten years and which is contained and/or published in the Government White Paper on the Report of the Judicial Commission of Inquiry into the Management of some Ministries, Parastatals, Extra Ministerial Departments of the Public Service of Bauchi State from May, 1999 to May, 2007.
Meanwhile, the Plaintiffs’ are claiming reliefs for a declaration that the Government White Paper on the Report of the Judicial Commission of Inquiry into the Management of some Ministries, Parastatals, Extra Ministerial Departments of the Public Service of Bauchi State from May, 1999 to May, 2007 is a valid and binding document on all authorities and persons in Nigeria, including the Defendants, until set aside by a Court of competent jurisdiction.
The reliefs is seeking for a declaration that by virtue of the Recommendations and the Bauchi State Government’s position which banned the 1st Defendant from holding public office for a period of ten years and which is contained and/or published in the Government White Paper on the Report of the Judicial Commission of Inquiry into the Management of some Ministries, Parastatals, Extra Ministerial Departments of the Public Service of Bauchi State from May, 1999 to May, 2007, the 1st Defendant cannot be appointed into any public office until 2019.
The plaintiffs want a declaration that the appointment of the 1st Defendant as Board Chairman of the Board of Nigerian Maritime Administration and Safety Agency by the 2nd Defendant is null and void by virtue of the Recommendations and the Bauchi State Government’s position which banned the 1st Defendant from holding public office for a period of ten years and which is contained and/or published in the Government White Paper on the Report of the Judicial Commission of Inquiry into the Management of some Ministries, Parastatals, Extra Ministerial Departments of the Public Service of Bauchi State from May, 1999 to May, 2007.
They however demanded for “an order from the Court, nullifying the appointment of the 1st Respondent by the 2nd Respondent as Board Chairman of the Board of Nigerian Maritime Administration and Safety Agency and such further order or other orders as this Honorable Court may deem fit to make in the circumstance.”
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