Lawyers to court: Suspend NNPCL executive over ongoing investigation

Three constitutional lawyers have commenced legal proceedings before the High Court of the Federal Capital Territory, Abuja, to secure exparte order seeking the suspension of the Executive Vice President, Downstream, of the Nigerian National Petroleum Company Limited (NNPCL), Mumuni Dagazau, pending the conclusion of an investigation by the House of Representatives Committee on Petroleum Resources (Downstream).

The lawyers – Ejike Onukaogu, Gloria Ezeji and Samuel Momoh are asking the court to determine whether Dagazau can lawfully continue to occupy the office while facing legislative scrutiny over allegations of corruption, money laundering, abuse of office and other related matters.

In an originating summons filed before the court, the claimants are also seeking a determination of whether President Bola Ahmed Tinubu has a constitutional obligation to take steps to suspend the NNPCL executive in the interest of transparency, accountability and the integrity of the ongoing investigation.

The suit raises questions about the potential implications of an official remaining in a sensitive public-sector position while a legislative investigation into allegations against him is ongoing.

According to the claimants, temporarily relieving the official of his duties would help protect the integrity of the investigation and reduce the risk of actual or perceived interference with the inquiry.

They contend that the continued exercise of the powers attached to the office, under the circumstances described in the suit, raises concerns that warrant judicial intervention.

Among the reliefs sought by the lawyers are that the court should issue an order restraining Dagazau from continuing to discharge the duties and functions of Executive Vice President, Downstream, pending the conclusion of the House of Representatives committee’s investigation.

They are also seeking an order directing the President, the NNPCL Board of Directors or the appropriate authority, as determined by the court, to take the necessary steps to suspend the executive during the pendency of the probe.

The claimants further want the court to declare whether his continued occupation of the office is consistent with the principles of fairness, accountability, and the protection of the public interest.

The proceedings invoke Sections 36(1) and 130(2) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, in advancing the legal questions presented for determination.

Section 36(1) guarantees the right to a fair hearing, while Section 130(2) provides that the President is the Head of State, Chief Executive of the Federation and Commander-in-Chief of the Armed Forces of the Federation.

Whether these provisions support the specific reliefs sought by the claimants remains a matter for judicial determination.

The claimants are asking the court to consider whether interim measures are necessary to protect the integrity of the legislative investigation and preserve public confidence in the institutions responsible for managing the country’s petroleum resources.