The Federal
High Court, Ikoyi, Lagos, presided over by the Honourable Justice Buba, will
deliver judgment in the case instituted by human rights activist, Ebun-Olu
Adegboruwa, challenging the appointment of members of the Management Board of
the Asset Management Company of Nigeria, AMCON, on September 26, 2016, at
9am.
The case was
filed in August 2015, to challenge the appointment of Mr. Kola Ayeye,
Eberechukwu Uneze and Aminu Ismail as directors of AMCON by Gen Muhammadu
Buhari Rtd. The case seeks the interpretation of the court as to whether the
President can appoint anyone as director of AMCON without complying with
section 10 (1) (C) of the AMCON Act, 2010.
This law
stipulates that the board of AMCON shall be appointed by the President subject
to the confirmation of the Senate after they have been nominated by the Central
Bank of Nigeria in consultation with the Minister of Finance. At the time of
their appointment in August, 2015, there was no substantive minister of finance
in Nigeria.
The
defendants in the suit are the President, the Attorney General of the
Federation, AMCON and the three directors so appointed. Upon being served with
the court processes, the Attorney-General filed a counter-affidavit through
Miss Felicia Des Bordes, a Litigation Officer in the Ministry of Justice, on 8th January
2016, accompanied with a written address by counsel in the Attorney-General’s
Chambers Mr. Mubarak Egbeyemi.
On its part, AMCON filed a preliminary objection
to the suit, through Adeniyi Adegbonmire, SAN of Aluko and Oyebode Law Firm on
25th February 2016, contending that Mr. Adegboruwa lacks the
locus standi to institute and maintain the case in court.
The court
heard arguments from counsel to the parties and adjourned for judgment, which
will now be delivered on Monday, 26th September 2016.
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