
AFOLABI
Falana Condemns Suspension of Fubara, Deputy
Senior Advocate of Nigeria, Femi Falana, has described as illegal the decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months.
In a statement made available to the media, the senior lawyer said the President’s decision cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
While recognizing that Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if there is an actual breakdown of public order and public safety in the Federation, Falana argued that the extraordinary measures which may be adopted by the President to restore peace and security do not include the suspension of an elected Governor, an elected Deputy Governor, and the dissolution of other democratic structures.
He, therefore, called on the President to follow the path of constitutionalism without any delay and to proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State.
The learned silk said, “This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended.”
Read the full statement below:
ILLEGALITY OF DISSOLUTION OF ELECTED DEMOCRATIC STRUCTURES IN NIGERIA
The decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months is illegal as it cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
No doubt, Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if, among other reasons, there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security or there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger.
But, the extraordinary measures which may be adopted by the President to restore peace and security in the Federation or in any particular State does not include the suspension of an elected Governor, an elected Deputy Governor and the dissolution of other democratic structures. For the avoidance of doubt, section 45(3) of the Constitution provides that a ‘period of emergency’ means “any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.”
Thus, in accordance with the relevant provisions of the Nigerian Constitution, the office of an elected governor can only become vacant upon death, ill health, resignation, or impeachment. Even where the office of the Governor becomes vacant for any reason whatsoever, the Deputy Governor shall be sworn in as the Governor.
And where the offices of the Governor and Deputy Governor become vacant at the same time, the Speaker of the State House of Assembly shall become an Acting Governor for not more than 3 months. During the 3-month period, a fresh election shall be conducted by the Independent National Electoral Commission for the election of a new governor.
It is pertinent to state that the failure of a House of Assembly to function in Rivers State can not be a justification for the dissolution of democratic structures in any State of the Federation. Indeed, the Constitution had envisaged that a State House of Assembly may not be able to function due to one reason or another. Hence, section 11(4) of the Constitution stipulates as follows:
“At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:
Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.”
In 2004 and 2006, we condemned the illegal dissolution of democratic structures when President Olusegun Obasanjo imposed emergency rules on Plateau State and Ekiti State, respectively. Regrettably, on both occasions, the Supreme Court refused to determine the constitutional validity of the dissolution of democratic structures on the ground that the suit were procedurally incompetent because they were instituted during the six-month emergency period by the suspended legislators in the name of Plateau State without the authorization of the Sole Administration of the state!
However, in 2013, when a state of emergency was declared in Adamawa, Borno and Yobe States by former Presidents Goodluck Jonathan, we urged him to reject the pressure mounted on by anti democratic forces to remove the elected Governors and dissolve democratic structures in the affected States. President Jonathan followed the path of constitutionalism.
In 2021, the then Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN announced the plan of the federal government to declare a state of emergency in Anambra State over insecurity and threat to a complete breakdown of law and order in that part of the Federation We advised President Buhari not to demolish democratic structures even if emergency rule was imposed on the state. President Buhari followed the path of constituionalism.
In the cases of Adegbenro vs. Attorney-General of the Federation (1962) 1 NLR 338 F.R.A. Williams V Dr. M.A. Majekodunmi (1962) 1 NLR 328 the Supreme Court of Nigeria validated the Emergency Powers Act 1961 to justify the dissolution of democratic structures as well as suspension of fundamental human rights in western region. As there is no equivalent of the Emergency Powers Act 1961 under the current constitutional dispensation, the suspension of an elected Governor by an elected President is a constitutional anomaly under the 1999 Constitution.
In Attorney General of the Federation v. Attorney General of Abia State & Ors (2024) LPELR-62576 (SC) filed by the Bola Tinubu administration, the Supreme Court of Nigeria held that the removal of elected chairmen and councilors as well as appointment of sole administrators or caretaker committees by State Governors to run local government councils are illegal and unconstitutional. It follows to reason that the suspension of elected governors and elected members of the House of Assembly by the President is illegal and unconstitutional in every material particular.
To that extent, a serving or retired military officer can not be imposed as a Sole Administrator to govern any state in Nigeria. Similarly, a military officer cannot be appointed by the National Assembly as a Sole Administrator to govern the Nigerian people during a war between Nigeria and another country.
In the Speaker, Bauchi State House of Assembly v Hon Rifkatu Danna (2017) 49 WRN 82 and several other cases, Nigerian Courts have held that the suspension of elected legislators is illegal and unconstitutional. Therefore, the National Assembly should not endorse the illegal suspension of the Rivers State legislators that have not defected from the People’s Democratic Party to the All Progressive Congress. Instead of approving the illegal dissolution of democratic structures in Rivers State, the National Assembly should assist Governor Fubara by invoking its powers under section 11 (4) of the Constitution “to make laws for the peace, order and good government of that State”
Therefore, we are compelled to call on President Bola Tinubu to follow the path of constituionalism without any delay. The President should proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State. This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, 1999 as amended.
Femi Falana SAN
Late Mohbad’s Father Asks Court To Quash Advice Freeing Naira Marley, Sam Larry, 2 Others
Aloba Joseph, the father of late Nigerian singer Ilerioluwa Aloba, popularly known as Mohbad, has filed an application before the Lagos High Court sitting in Ikeja seeking a judicial review of the legal advice issued by the office of the State Director of Public Prosecution (DPP).
The application, which was filed on March 12, is brought ex-parte pursuant to Order 44 Rule 3 of the High Court of Lagos (Civil Procedure) Rules 2019, Section 36 of the 1999 Constitution, and under the inherent jurisdiction of the court.
Through his lawyer, Senior Advocate of Nigeria Wahab Shittu, Mohbad’s father is seeking the quashing of the DPP’s legal advice in respect of the murder of his son.
Mr. Aloba, who is suing for himself and on behalf of the Aloba family, joined the Attorney General of Lagos and the DPP as respondents in the suit.
The applicant wants the court to quash the DPP’s advice as a result of a lack of fair hearing, pre-emption of the Coroner’s inquest—which is yet to conclude sitting—and because the vital suspects mentioned and implicated in the Coroner’s proceedings have been freed by the DPP’s legal advice.
In documents put before the court in support of the application, Mohbad’s father states that, by virtue of his position, he is well seized of the facts in the case.
He states, “That the death of late ILERIOLUWA OLADIMEJI ALOBA aka MOHBAD on the 11th of September 2025 was viewed as unnatural and suspicious, which led to him petitioning and demanding an inquest into the cause of death.”
“That pursuant to the applicant’s request to determine the circumstances leading to death, the inquest was referred to the Coroner’s Court, which commenced sitting on September 23, 2023, and which is yet to conclude sitting.”
“That while the proceeding is yet to be concluded by the Coroner’s Court, Magistrate Ejiro Kubenje, sitting at the Yaba Magistrate Court on the 26th of February 2025 and acting on the legal advice of the respondents, discharged and acquitted the 4 prime suspects—Abdul Azeez Fashola aka Naira Marley, Samson Balogun Eletu aka Sam Larry, Owodunni Ibrahim aka Prime Boy, and Opere Babatunde—in the controversial death of late Mohbad.”
“That the applicants became aware of the legal advice at the Magistrate Court when the suspects were being discharged and acquitted by the court.”
“That those discharged and acquitted suspects by the respondents pursuant to their legal advice have been mentioned and implicated in the coroner’s proceedings and have been summoned and are yet to appear and give evidence as to their role in the death of late Mohbad.”
“That the Police, through one ASP Mohammed Yusuf attached to the Homicide Section, State CID Panti, and the respondents through their Senior Counsel, Mr. George, participated in the Coroner’s proceedings. The State CID Panti forwarded the case containing their investigation to the respondents without informing the Coroner’s Court, and while both offices, particularly the respondents, were aware of the Coroner’s inquest, they proceeded to issue legal advice, which prompted the Magistrate Court to discharge and acquit the prime suspects in the controversial death of late Mohbad.”
“That I know as a fact that the act or omission of the respondents is without due regard to the Coroner’s Court, which constitutes an obstruction of the Coroner in the exercise of its statutory duties.”
“That I know as a fact that the respondents’ failure to allow the Coroner to conclude its proceeding and proceeding to issue the legal advice is pre-empting the outcome of the decision of the Coroner and is done without jurisdiction and is null and void.”
“That I know as a fact that the act or omission of the respondents issuing legal advice in respect of the matter upon which an inquest is being conducted amounts to obstructing and interfering with the Coroner’s investigation and potentially influencing the outcome.”
“That I know as a fact that the act or omission of the respondents’ legal advice, which constitutes an affront to the exclusive jurisdiction of the Coroner, is an overreach into the Coroner’s power to conduct inquests into suspicious and unnatural deaths, which are expected to run their course without external interference.”
“That I know as a fact that the act or omission of the respondents, apart from being pre-emptive of the Coroner’s proceedings, undermines the integrity of the inquest and potentially compromises the outcome of the Coroner’s investigation.”
“That I know as a fact that the act or omissions of the respondents while aware that the Coroner’s inquest is still pending, is to overreach the outcome of the inquest, which is improper.”
“That the applicant needs the intervention of this Honourable Court to get justice for the death of his son. Otherwise, allowing the legal advice from the respondents to stand may automatically put an end to the seriousness of the Coroner’s Court and its proceedings.”
“That the grant of this application will not be prejudicial to the respondents.”
No judge has been assigned to hear the application, and no date has been fixed for its hearing.
CBN Projects Gradual Inflation Drop In Next Six Months
The Central Bank of Nigeria has projected a gradual drop in inflation rate over the next six months.
This is contained in its newly released report on inflation expectations for February 2025.
According to the report, businesses and household respondents expect the level of inflation to gradually reduce over the next six months.
The respondents also anticipated lower spending as their expenditure gradually decreased over the next six months.
Further analysis by income distribution indicated that more households earning above N200,000 per month perceived inflation to be moderating, driven by factors such as energy costs, exchange rate, transportation costs, interest rate and insecurity influenced their perception of the inflation rate in the month under review.
The apex bank, however said 65.1 per cent of respondents want a reduction in interest rate by the financial institution.
This is as the National Bureau of Statistics (NBS) in its Consumer Price Index (CPI) report for March said the inflation rate for February dropped to 23.18% year-on-year in February 2025, reflecting a second consecutive monthly decline from the 24.48% recorded in January.
This figure marks a significant 8.52 percentage point decrease from the 31.70% seen in February 2024, following the adoption of a new CPI rebasing methodology.
Timeline Of Emergency Rule In Nigeria Since 1999
With Nigeria’s return to democracy in May 1999, the country has witnessed a number of emergency rule at state level.
Three presidents including Olusegun Obasanjo, Goodluck Jonathan and Bola Tinubu have relied on Section 305 of the 1999 Constitution to declare state of emergency in states.
The section interprets a state of emergency as a situation of national danger, disaster or terrorist attacks in which a government suspends normal constitutional procedures to regain control.

A state of emergency allows the President to immediately make any desired regulations to secure public order and safety.
Here is a timeline of emergency rule in Nigeria since 1999:
1. On May 18, 2004, Obasanjo imposed a state of emergency on Plateau State, suspending the elected Governor Joshua Dariye and the State House of Assembly in the process. He accused the governor of failing to act to end a cycle of bloodletting violence between the Plateau State’s Muslim and Christian communities that claimed over 2,000 lives since September 2001.
FULL TEXT: Tinubu’s Declaration Of State Of Emergency In Rivers State
2. On December 31, 2011, Jonathan declared a State of Emergency in some local governments in Borno and Plateau States in 2011.
3. On May 14, 2013, Jonathan declared a state of emergency for the entire northeast insurgent-ridden states of Borno, Yobe and Adamawa.
4. On March 18, 2025, President Bola Tinubu declared a state of emergency in Rivers State following the protracted political crisis in the state. Tinubu made the proclamation during a nationwide broadcast on Tuesday, suspending Governor Siminalayi Fubara; his deputy Ngozi Odu; and all the members of the House of Assembly for six months. The president nominated Vice Admiral Ibokette Ibas (rtd) as administrator to take charge of the affairs of the state for the first six months.
Court Blocks Trump’s Order Banning Transgender People From US Military
A federal judge has on Tuesday blocked the enforcement of President Donald Trump’s executive order banning transgender people from military service.
U.S. District Judge Ana Reyes in Washington, D.C., ruled that Trump’s order to exclude transgender troops from military service likely violates their constitutional rights.
Reyes was the second judge of the day to rule against the administration, and both rulings came within hours of an extraordinary conflict as Trump called for impeaching a third judge who temporarily blocked deportation flights, drawing a rare rebuke from Chief Justice John Roberts.
Reyes, nominated by President Joe Biden, delayed her order until Friday morning to give the administration time to appeal.
“The court knows that this opinion will lead to heated public debate and appeals. In a healthy democracy, both are positive outcomes,” Reyes wrote.
“We should all agree, however, that every person who has answered the call to serve deserves our gratitude and respect.”
Reyes said she did not take lightly her decision to issue an injunction blocking Trump’s order, noting that “Judicial overreach is no less pernicious than executive overreach.”
But, she said, it was also the responsibility of each branch of government to provide checks and balances for the others, and the court “therefore must act to uphold the equal protection rights that the military defends every day.”
“The cruel irony is that thousands of transgender service members have sacrificed—some risking their lives—to ensure for others the very equal protection rights the military ban seeks to deny them,” Reyes wrote.
Army Reserves 2nd Lt. Nicolas Talbott, one of 14 transgender active-duty service members named as plaintiffs in the lawsuit, said he was holding his breath as he waited to find out if he would be separated from the military next week.
“This is such a sigh of relief,” he said. “This is all I’ve ever wanted to do. This is my dream job, and I finally have it. And I was so terrified that I was about to lose it.”
Trump’s deputy chief of staff, Stephen Miller, posted about the ruling on social media, writing, “District court judges have now decided they are in command of the Armed Forces…is there no end to this madness?”
The judge issued a preliminary injunction requested by attorneys representing others seeking to join the military.
In 2016, a Defense Department policy permitted transgender people to serve openly in the military.
During Trump’s first term in the White House, the Republican issued a directive to ban transgender service members. The Supreme Court allowed the ban to take effect but former President Joe Biden, a Democrat, scrapped it when he took office.
Protesters Shut Ondo Gov’s Office Over Killing Of Another 5 Farmers By Herdsmen
Angry protesters have shut the Governor’s Office at Alagbaka, Akure, the state capital over the killing of another five farmers by armed herdsmen at Aba Oyinbo in Akure North local government area of Ondo State.
LEADERSHIP learnt that the deceased were shot dead in another invasion by the hoodlums in the early hours of Wednesday.
Not pleased by the disposition of the state government to the incessant killings, the angry protesters stormed the Governor’s Office to display the bodies of the casualties of the invasion.
Commuters and motorists on Akure/Owo Road were stranded as protesters assembled in Ogbese where they barricaded the road in protest.
Recall that armed herdsmen had about a fortnight ago killed 20 farmers in four farm settlements in the same local government.
Details later…
Atiku blasts Tinubu for declaring state of emergency in Rivers
Former Vice President, Alhaji Atiku Abubakar, has lambasted President Bola Tinubu for declaring a state of emergency in Rivers State following a lingering and unresolved political crisis that led to the bombing of pipeline infrastructure in Rivers.
Atiku said the development reeks of political manipulation and outright bad faith.
The former VP blamed the president for the crisis in Rivers, accusing him of being a “Partisan actor in the political turmoil engulfing Rivers.”
Atiku, who took to X to react to the development shortly after the president suspended Governor Siminalayi Fubara, his deputy and members of the state House of Assembly in a nationwide broadcast on Tuesday, March 18, 2025.
Tinubu said, “I feel greatly disturbed by the political crisis in Rivers. The state has been at a standstill, and the people have been deprived of good governance.
“Fourteen months after Governor Fubara demolished the House of Assembly, it remains unbuilt. Many Nigerians have intervened, just as I did. But their efforts have been to no avail.
“No responsible President will stand by without taking action. To restore good governance and peace in this circumstance, it has become imperative to declare a state of emergency.
“By this declaration, Governor Fubara is hereby suspended.”
However, in his reaction, Atiku said it is disgraceful that the president refused to stop the crisis from escalating.
“Anyone paying attention to the unfolding crisis knows that Bola Tinubu has been a vested partisan actor in the political turmoil engulfing Rivers.
“His blatant refusal or calculated negligence in preventing this escalation is nothing short of disgraceful.
Beyond the political scheming in Rivers, the brazen security breaches that led to the condemnable destruction of national infrastructure in the state land squarely on the President’s desk.
“Tinubu cannot evade responsibility for the chaos his administration has either enabled or failed to prevent,” Atiku said.
Continuing, the former Vice President said it is a failure on the part of the president that the Niger Delta region has been thrown back into era of unrest, adding that the president should bear responsibility for the bombing of pipeline infrastructure in the region.
“It is an unforgivable failure that under Tinubu’s watch, the Niger Delta has been thrown back into an era of violent unrest and instability — undoing the hard-won peace secured by the late President Umaru Yar’Adua. Years of progress have been recklessly erased in pursuit of selfish political calculations.
“If federal infrastructure in Rivers has been compromised, the President bears full responsibility. Punishing the people of Rivers State just to serve the political gamesmanship between the governor and @officialABAT’s enablers in the federal government is nothing less than an assault on democracy and must be condemned in the strongest,” Atiku stated.
State of Emergency in Rivers: Disrespect for constituted authority – Bode George
Former Deputy National Chairman of the People’s Democratic Party (PDP), Chief Bode George, has condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling it a blatant disregard for constituted authority.
Reacting to the development, George said, “This is absolute Armageddon—total disrespect for constituted authority. The Constitution has been viciously violated.”
He continued, “We can’t keep quiet. This is recklessness of the highest order. What did Fubara do? As Commander-in-Chief, Tinubu gave Wike soldiers and security agents to destabilize Rivers State. The governor has no control over security agencies, yet he remained calm. Nobody has explained what he did to warrant this dictatorial emergency rule.”
George likened the situation to past political crises, stating, “This is exactly how it started in 1962 and 1983. It’s a dress rehearsal for what Tinubu wants to do in 2027. The APC wants to take control of all states through unconstitutional means.”
He questioned the legality of Tinubu’s actions, asking, “Did he get National Assembly approval before his broadcast? What happened in Rivers is the hand of Esau and the voice of Jacob. Why didn’t he declare a state of emergency in Lagos when lawmakers were fighting? Why invite Diete-Spiff and Niger Delta leaders last week if he already planned this?”
George concluded, “Is Tinubu now becoming a civilian dictator?”
Defence minister justifies emergency rule in Rivers, blames Fubara
The Minister of State for Defence, Bello Matawalle, has expressed his strong support for President Bola Tinubu’s declaration of a state of emergency in Rivers State.
In a statement on Tuesday issued by the Ministry’s Director of Information and Public Relations, Matawalle stated that this decisive action is vital for restoring stability to the state’s turbulent political landscape.
He asserted that the emergency rule is a necessary measure to address the ongoing political crisis, which has hindered the delivery of democratic governance and the welfare of the people of Rivers State.
Reflecting on the President’s address regarding the state of emergency, the minister acknowledged the gravity of the political crisis in Rivers State and the urgent need for intervention.
Matawalle highlighted the unfortunate demolition of the House of Assembly by the state governor, which has left the state without a functioning legislature for over fourteen months.
The statement added, “This action has contributed to the ongoing political impasse and the inability of the government to effectively serve the people.”
The minister also noted the Supreme Court’s recent ruling, which reaffirmed the constitutional necessity of a functioning legislature and condemned the governor’s actions as unconstitutional.
Matawalle further expressed concern over recent reports of vandalism and threats from militants, underscoring the need for a unified effort to restore peace and security.
He reiterated that the Federal Government is committed to ensuring the safety of all citizens and the protection of vital infrastructure in Rivers State.
It added, “In light of the current situation, the Nigerian Military is on high alert to safeguard government infrastructure and ensure the security of the citizens.
“Any attempts to attack government facilities or disrupt public order will be met with a resolute response from security forces.”
He, therefore, urged all stakeholders to embrace this opportunity for renewed governance and cooperation and expressed hope that the state of emergency will pave the way for a peaceful and democratic Rivers State, benefitting all its residents.
Fuel import: NNPCL loses bid to stop Dangote’s N100bn suit
The Federal High Court in Abuja on Tuesday dismissed the Federal Competition and Consumer Protection Commission’s request to join the lawsuit filed by Dangote Petroleum Refinery seeking to stop the Nigerian National Petroleum Company Limited and oil marketers from importing refined petroleum products into the country.
Justice Inyang Ekwo dismissed the commission’s application while delivering a ruling in the suit, stating that the dispute could be effectively determined without the inclusion of the FCCPC.
Justice Ekwo specifically held that the FCCPC was not a relevant or necessary party and rejected its application.
Dangote Refinery, in the suit marked FHC/ABJ/CS/1324/2024, sued the Nigeria Midstream and Downstream Petroleum Regulatory Authority, NNPCL, AYM Shafa Limited, A.A. Rano Limited, T. Time Petroleum Limited, 2015 Petroleum Limited, and Matrix Petroleum Services Limited as 1st to 7th defendants.
The refinery prayed the court to nullify the import licences issued by NMDPRA to NNPCL and the five other companies for importing refined petroleum products.
It also sought a declaration that NMDPRA violated Sections 317(8) and (9) of the Petroleum Industry Act by issuing licences to import petroleum products, arguing that such licences should only be issued in cases of a petroleum product shortfall.
Dangote Refinery asserted that it has the capacity to meet local petroleum need.
It further sought N100bn in damages against NMDPRA for allegedly continuing to issue import licenses to NNPCL and the other companies, among other reliefs.
The FCCPC, in a motion on notice, sought to be joined as a party in the suit.
In its application for joinder, the FCCPC argued that it needed to be joined in the suit as the aim of Dangote Refinery to monopolise the petroleum industry was contrary to the FCCPC’s mandate to ensure a free market.
“The main thrust of Dangote Refinery’s suit borders on anti-competition and monopoly in the petroleum industry,” the FCCPC argued.
The commission further claimed that it needed to be joined in the suit because any judgment entered by the court would affect its mandate.
Dangote Refinery, however, opposed the FCCPC’s application to join the suit, describing the commission as a meddlesome interloper that had no business in a case revolving around the Petroleum Industry Act, an Act of the National Assembly.
Dangote Refinery urged the court to reject the FCCPC’s application.
NNPCL, the second defendant in the suit, filed a preliminary objection contesting the refinery’s suit and the jurisdiction of the court to hear it.
NNPCL also argued that Dangote Refinery sued a non-existent party, as the entity mentioned in the suit as the second defendant, “NNPC,” does not exist.
NNPCL added that the Nigerian National Petroleum Company Limited, being its registered name with the Corporate Affairs Commission, is not the same entity as the second defendant mentioned in the plaintiff’s suit.
NNPCL urged the court to strike out its name from the suit and challenged the locus standi of the plaintiff to file the action, which it termed “premature.”
“The 2nd defendant is not a competent party. The plaintiff’s suit is incompetent. This honourable court lacks the jurisdiction to hear this suit,” the NNPCL argued.
In his ruling on Tuesday, Justice Ekwo dismissed both FCCPC’s request for joinder and the NNPCL’s application challenging the jurisdiction of the court to hear the suit.
Justice Ekwo held that NNPCL’s objection lacked merit and proceeded to dismiss it.
The court granted the plaintiff’s prayers to amend the suit to reflect the proper name of the NNPCL, which Justice Ekwo approved.
He proceeded to adjourn the matter to March 6 for further mention.