By Mercy Aikoye
Three constitutional lawyers have approached the High Court of the Federal Capital Territory (FCT), Abuja, seeking orders to suspend the Executive Vice President, Downstream, of the Nigerian National Petroleum Company Limited (NNPCL), Mumuni Dagazau, pending the conclusion of an ongoing House of Representatives investigation.
The suit also seeks an order compelling President Bola Ahmed Tinubu or the appropriate authorities to appoint an acting executive vice president to oversee the department while the investigation is ongoing.
The claimants, Ejike Onukaogu, Gloria Ezeji and Samuel Momoh, are asking the court to determine whether Dagazau can continue to exercise the powers of his 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 lawyers raised questions about the propriety of allowing the NNPCL executive to remain in his position during the investigation by the House Committee on Petroleum Resources (Downstream).
They argued that temporarily relieving Dagazau of his duties would help safeguard the integrity of the legislative inquiry and minimise the possibility of actual or perceived interference with the investigation.
The claimants are also asking the court to determine whether President Tinubu has a constitutional obligation to take steps towards suspending the NNPCL executive in the interest of accountability, transparency and public confidence in the investigation.
Among the reliefs sought is an order restraining Dagazau from continuing to discharge the duties and functions of Executive Vice President, Downstream, until the House committee concludes its investigation.
They are further seeking an order directing the President, the NNPCL Board of Directors or any other appropriate authority identified by the court to take the necessary steps to suspend the executive and ensure continuity in the management of the downstream division.
The lawyers also want the court to determine whether Dagazau’s continued occupation of the office, under the circumstances outlined in the suit, is consistent with the principles of accountability, fairness and the protection of public interest.
The suit relies on Sections 36(1) and 130(2) of the 1999 Constitution, as amended, in presenting the constitutional questions for determination.
While Section 36(1) guarantees the right to a fair hearing, Section 130(2) identifies the President as the Head of State, Chief Executive of the Federation and Commander-in-Chief of the Armed Forces.
The extent to which these provisions support the specific reliefs being sought remains for the court to determine.
The claimants are urging the court to consider whether interim measures are necessary to protect the ongoing legislative investigation and preserve public confidence in the institutions responsible for managing Nigeria’s petroleum resources.
The requested suspension and appointment of an acting executive vice president are among the measures the lawyers say should be considered while the House of Representatives committee completes its inquiry.
The filing does not, in itself, establish the allegations against Dagazau, and the reliefs sought remain subject to the court’s determination.
