Adegboruwa drags Buhari to Court, seeks nullification of AMCON Board
The applicant seeks the following reliefs against the respondents: A declaration that the 1strespondent cannot appoint anyone, including the 4th – 6th respondents, as Executive Directors of the 3rdrespondent, without complying with Section 10(1)C of the Asset Management Corporation of Nigeria Act, 2010.
A declaration that the 1st respondent cannot appoint the 4th– 6th respondents as Executive Directors of the 3rd respondent, without complying with section 10(1) C of the Asset Management Corporation of Nigeria Act 2010.
A declaration that the appointments of the 4th-6threspondents as Executive Directors of the 3rdrespondent, having been made without complying with section 10(1)c of the Asset Management Corporation of Nigeria Act 2010, are illegal, unconstitutional, null and void and of no effect whatsoever.
The plaintiff, demanding an order forthwith nullifying, annulling, voiding, cancelling and invalidating the appointments of the 4th– 6th respondents as Executive Directors of the 3rd respondent, having been made without complying with section 10(1)c of the Asset Management Corporation of Nigeria Act 2010.
He is also seeking a perpetual injuction
restraining the 4th– 6th respondents from functioning as or further functioning as, from acting as or from further acting as, from parading or holding out themselves or further parading or holding out themselves as Executive Directors of the 3rd respondent in gross violation of 10(1)C of the Asset Management Corporation of Nigeria Act 2010.
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: …………………..
BETWEEN:
EBUN-OLU ADEGBORUWA, ESQ. ) APPLICANT
AND
1. PRESIDENT MUHAMMADU BUHARI )
2. ATTORNEY-GENERAL OF THE FEDERATION ) RESPONDENTS
3. ASSET MANAGEMENT CORPORATION OF NIGERIA (AMCON)
4. KOLA AYEYE )
5. EBERECHUKWU UNEZE )
6. AMINU ISMAIL )
ORIGINATING SUMMONS
BROUGHT PURSUANT TO
1. SECTIONS 10 (1)c OF THE ASSET MANAGEMENT CORPORATION OF NIGERIA ACT 2010
2. AND UNDER THE INHERENT JURISIDICTION OF THIS HONOURABLE COURT.
LET MAJ-GEN MUHAMMADU BUHARI, RETD; ATTORNEY-GENERAL OF THE FEDERATION; ASSET MANAGEMENT CORPORATION OF NIGERIA (AMCON); KOLA AYEYE; EBERECHUKWU UNEZE; AMINU ISMAIL, within thirty days after service of this summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this summons which is issued upon the application of Ebun-Olu Adegboruwa, Esq., of ‘Kogun Chambers, Jesus Arena, Itedo road, Off Admiralty Way, Lekki Peninsula Scheme 1, Lekki, Lagos who claims to be aggrieved and concerned with the appointment of the 4th, 5th and 6threspondents as Executive Directors of the 3rdrespondent, by the 1strespondent , the said appointment having contravened the provisions of the Asset Management Corporation of Nigeria Act 2010, for the determination of the following questions;
ISSUES FOR DETERMINATION:
1. Whether the appointment of the 4th-6threspondents as Executive Directors of the 3rdrespondent by the 1strespondent is done in accordance with the provisions of the Asset Management Corporation of Nigeria Act 2010?
2. Whether the appointment of the 4th-6threspondents as Executive Directors of the 3rdrespondent by the 1strespondent is lawful and valid?
WHEREFORE the applicant seeks the following reliefs against the respondents:
5. A DECLARATION that the 1strespondent cannot appoint anyone, including the 4th-6th respondents, as Executive Directors of the 3rdrespondent, without complying with Section 10(1)C of the Asset Management Corporation of Nigeria Act, 2010.
6. A DECLARATION that the 1strespondent cannot appoint the 4th-6threspondents as Executive Directors of the 3rd respondent, without complying with section 10(1) C of the Asset Management Corporation of Nigeria Act 2010.
7. A DECLARATION that the appointments of the 4th-6threspondents as Executive Directors of the 3rdrespondent, having been made without complying with section 10(1)c of the Asset Management Corporation of Nigeria Act 2010, are illegal, unconstitutional, null and void and of no effect whatsoever.
8. AN ORDER, forthwith nullifying, annulling, voiding, cancelling and invalidating the appointments of the 4th-6th respondents as Executive Directors of the 3rd respondent, having been made without complying with section 10(1)c of the Asset Management Corporation of Nigeria Act 2010.
9. A PERPETUAL INJUNCTION restraining the 4th-6th respondents from functioning as or further functioning as, from acting as or from further acting as, from parading or holding out themselves or further parading or holding out themselves as Executive Directors of the 3rd respondent in gross violation of 10(1)C of the Asset Management Corporation of Nigeria Act 2010.
Dated this …………………….day of …………………………..2015
GRACE OMOTOSHO (MRS)
ADEGBORUWA & COMPANY,
APPLICANT’S SOLICITORS,
‘KOGUN’ CHAMBERS, JESUS ARENA,
ITEDO ROAD, OFF ADMIRALTY WAY,
LEKKI PENINSULA SCHMEME 1,
LEKKI, LAGOS, NIGERIA
IN THE FEDERAL HIGH COURT
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: …………………..
BETWEEN:
EBUN-OLU ADEGBORUWA, ESQ. ) APPLICANT
AND
1. MAJ-GEN MUHAMMADU BUHARI, RETD )
2. ATTORNEY-GENERAL OF THE FEDERATION ) RESPONDENTS
3. ASSET MANAGEMENT CORPORATION OF NIGERIA (AMCON)
4. KOLA AYEYE )
5. EBERECHUKWU UNEZE )
6. AMINU ISMAIL )
AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS
I, EBUN-OLU ADEGBORUWA, Legal practitioner, Human Rights and pro-democracy activist, community leader and public defender of Lekki, Lagos, do hereby make oath and state as follows:
1. That I am the Applicant in this suit by virtue of which I am conversant with the facts deposed to in this Affidavit. Those facts I depose to in this affidavit are from my personal knowledge and as I am informed from other sources stated herein.
2. I am a citizen of the Federal Republic of Nigeria and a registered Legal Practitioner.
3. I am a Legal Practitioner resident and carrying on legal practice in Lagos and other parts of Nigeria. I am bound by the laws of Lagos State and of other parts of Nigeria and interested in the running of the affairs, administration and government of Federal Republic of Nigeria.
4. I contribute to the economic prosperity of Lagos State and of Nigeria; I pay my tax and partake in other various ways in the development and progress of Lagos State and of Nigeria. I am also an employer of labour in Lagos State and other parts of Nigeria whose income can be and indeed will be affected in one way or the other by the running of the administration and government of Nigeria.
5. I am permanently resident in Lekki, Lagos, Nigeria and I am daily affected by the economic, political and other policies and programmes of the government of Nigeria.
6. My law office and library are based in Lekki, Lagos State.
7. I am a leader in my church and in my community where I reside in Lagos. I am listed in Nigeria’s who is who and I have a great stake in the outcome of the leadership and administration of Nigeria.
8. I have been an activist for most part of my life defending the rights of the masses. I was Public Relations Officer of the Student’s Union of Obafemi Awolowo University, Ile-Ife and later President of the same union. I was a member of the senate of the National Association of Nigerian Students (NANS). I am a member of Committee for the Defence of Human Rights (CDHR), Civil Liberties Organization (CLO), Campaign for Democracy (CD), President, GSM Subscribers and other Phone users Association of Nigeria and founder of Law and Justice Forum and Millennium Legal Support Services.
9. I have been involved in the struggle for the emancipation of the masses of the people of Nigeria whilst in school and after school, leading to my appointment as Secretary of Joint Action Committee of NADECO in 1997. I have been arrested, detained and maliciously prosecuted in the course of defending the rights of the people of Nigeria, leading to my arrest and detention in Enugu, in various police stations in Lagos during the struggle for the actualization of the June, 12 1993 election and at the Directorate of Military Intelligence for more than six months.
10. I am interested in and have a stake in the way and manner Nigeria and other States are governed having suffered and sacrificed for the enthronement of democratic rule in Nigeria.
11. On several occasion, I have applied as a Legal Practitioner on behalf of my numerous clients to defend the cause of the masses and fight against injustice to the lives and property of the citizens of Nigeria.
12. In my capacity as a stake holder in this country, I have at every point campaigned vigorously for good governance, rule of law, enthronement of democratic culture in Nigeria and Diaspora.
13. I also on a number of occasion mobilized people to take part in democratic activities.
14. Thus, matters, issues and disputes concerning the office of the Respondents are of tremendous concern to me considering the role the occupants of such office play in the destiny of this nation.
15. As a responsible citizen of Nigeria, I duly registered as a voter to perform my civic duty as expected of me as a good and law abiding citizen of this great country in the last national election that produced the 1st Respondent. Attached herewith and marked Exhibit A is the copy of my Permanent Voter’s card.
16. That since May 29 when the 1st respondent was sworn in as Presidnet of Nigeria, he has not appointed Ministers as required by the Constitution.
17. That on the 19th of August 2015, the 1strespondent appointed the 4th-6th respondents herein as Executive Directors of the 3rdrespondent. The appointments were widely published in both print and electronic media all over the country. A copy of the electronically printed out page of the ThisDay newspaper dated the 19th of August 2015, is hereby attached and marked Exhibit B.
18. I know as a legal practitioner of many years standing, a pro-democracy activist of over 20 years, a human rights crusader and stakeholder in the business of Nigeria that the said appointment does not conform with the Section 10(1)c of the Asset Management Corporation of Nigeria Act 2010.
19. That Section 10(1)c of the Asset Management Corporation of Nigeria Act 2010 provides for the appointment of executive Directors of the 3rdrespondents by the 1strespondent in consultation with the Minister of Finance. Since the 1stRespondent was sworn in on May 29, 2015, till the date of the appointment of the 4th-6threspondents and even up till the date of filing this suit, no person has been appointed into the office of Minister of Finance for the Federal Republic of Nigeria.
20. I verily believe that as the position of the Minister of Finance in Nigeria has been vacant, the said appointment of the 4th-6threspondents could not have been made in accordance with the provisions of the Asset Management Corporation of Nigeria Act 2010, as there is no substantive minister of finance for the 1st respondent to consult with.
21. I verily believe that it will be in the interest of Justice if the Honourable Court declares the said appointment of the 4th -6threspondent being illegal, null and void.
22. I, EBUN-OLU ADEGBORUWA, do solemnly and conscientiously swear to this affidavit in good faith believing the contents thereof to be true and in accordance with the Oaths Act.
Sworn to at the Federal High Court Registry, Lagos,
this………day of…………………2015
BEFORE ME
…………………………………….
COMMISSIONER FOR OATHS