Battle For Top Management Positions: Court Grants BNC Leave To Apply For Order Of Certiorari, Prohibition Against NIFOR

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Lucky Obukohwo Reporting

 

 

 

A Federal High Court sitting in Benin, Edo State has granted the Benin National Congress (BNC), an Edo Socio Cultural Organization,
leave to apply for an order of Certiorari quashing all proceedings and/or decisions of the Screening Committee purportedly set up and/or conducted on 12th and 14th October, 2023 to select a Director (Executive Officer) for the Nigerian Institute For Oil Palm Research (NIFOR), the 5th respondent in a suit no:FHC/B/CS/99/23, for want of competence.

The Court also granted leave to the applicants to apply for an order of prohibition against the respondents from constituting and/or further constituting and/or setting up any Screening Committee to conduct any interview and/or examination to select a Director (Chief Executive Officer) for the 5th respondent until the procedure and constitution shall be cured of every irregularity whatsoever and however.

And for such further order or other order(s) as this Honourable Court may deem fit to make in the circumstance of this case.

And After reading the affidavit in support of the Motion Ex-parte sworn to, by Comrade Aiyamenkhue Edokpolo, male, Nigerian, businessman and a cultural activist of No. 9, 1st Unueru Lane, off 1st East Circular Road, Benin City and the written address in support of the application.

And after hearing F.O. Ogierhiahki for the applicant move in terms of the motion, the presiding judge, Justice Shaibu ordered, that, leave is hereby granted to the applicant to apply for an order of Certiorari; quashing all proceedings and/or decisions of the Screening, Committee purportedly set up and/or conducted on 12th and 14th October, 2023 to select a Director (Executive Officer) for the 5th respondent for want of competence.

“That, leave is hereby granted to the applicants to apply for an order of prohibition against the respondents from constituting and/or further constituting and/or setting up any screening committee to conduct any interview and/or examination to select a Director (Chief Executive Officer) for the 5th respondent until the procedure and constitution shall be cured of every irregularity, whatsoever and however

“That, this case stands adjourned to the 15 day of February, 2024 for the hearing of the application for a prerogative writs of Certiorari and prohibition”.

The Benin National Congress (BNC), an Edo Socio Cultural Organization,
had dragged the Nigerian Institute for Oil Palm Research (NIFOR) to court over the appointment of its principal officers.

The applicants are Mr. Aiyamenkhue Edokpolo, Mr. Maxwell Uwagboe and Mr. Patrick Edebor while the respondents are Attorney General of the Federation, the Hon. Minister of Federal Ministry of Agriculture and Food Security, Dr. Ernest Afolabi Umakhihe (Permanent Secretary, Federal Ministry of Agriculture and Food Security).

Others are Prof. Garba Hamidu Sharubutu (Executive Secretary, Agricultural Research Council of Nigeria (ARCN) and the Nigeria Institute For Oil Palm Research (NIFOR).

In the suit no:FHC/B/CS/99/23, the claimants are seeking an order of Certiorari; quashing all proceedings an/or decisions of the Screening Committee purportedly set up and/or conducted on 12th and 14th October, 2023 to select a Director (Executive Officer) for the 5th respondent for want of competence.

The claimants are also seeking an order of prohibition against the respondents from constituting and/or further constituting and/or setting up any screening Committee to conduct any interview and/or examination to select a Director (Chief Executive Officer) for the institute until the procedure and constitution shall be cured of every irregularity; whatsoever and however.

The claimants, while stating eight grounds as part of their claims, said the committee set up to screen the principal officers into the various positions was purportedly constituted without regards to a subsisting judgement of a competent court of law and/or appeal therefrom.

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