MAN, Oron: Candidate, Activist Ask Court To Remove ‘Illegal’ Interim Management Committee Appointed By Amaechi

Minister of Transportation, Mr. Rotimi Amaechi and the Attorney General of the Federation have been dragged before a Federal High Court in Uyo over the controversial appointment of an Interim Management Committee to takeover and run the affairs of the Maritime Academy of Nigeria (MAN), Oron, Akwa Ibom State for a period of six months.
Also joined in the suit are the Maritime Academy of Nigeria and Chief Adebayo Babatunde Surami who is sued for himself and on behalf of the Interim Management Committee.
The plaintiffs in the suit, Mr. Ene Ntang Ene, a candidate who had applied for admission into the National Diploma programme (ND) for the 2017/2018 Academic Session of the nation’s only maritime training institution and a youth activist, Mr.
Francis Edem Otioro, jointly instituted the suit challenging the legality of the appointment of the six-man Interim Management Committee chaired by Chief Adebayo Babatunde Sarumi.
The suit was filed on Friday, 13th October, 2017 by Lagos-based legal practitioner and human rights activist, Mr. Inibehe Effiong , on behalf of the plaintiffs.
In his written address in support of the originating summons with suit number FHC/UY/CS//141/2017, Effiong is asking the Court on behalf of the Plaintiffs to determine one issue:
i) WHETHER the Minister of Transportation or the President of the Federal Republic of Nigeria can appoint an Interim Management Committee to administer, manage, or participate in running the affairs of the Maritime Academy of Nigeria, when the Maritime Academy of Nigeria Act has vested the power to administer, manage, or run the Academy solely in the Governing Council and the Rector of the Academy, and makes no provision for an Interim Management Committee.
Upon resolution of the above question, the Plaintiffs are seeking the following nine reliefs from the court:
1. A DECLARATION that the 2nd Defendant has no statutory power to appoint the 3rd Defendant to take charge of, oversee or participate in the administration and management of the 1st Defendant for any period whatsoever.
2. A DECLARATION that the appointment of the 3rd Defendant by the 2nd Defendant to take charge of, oversee and participate in the administration and management of the 1st Defendant is illegal, inconsistent with and contrary to the extant provisions of the Maritime Academy of Nigeria Act Cap. M3 Laws of the Federation of Nigeria, 2004.
3. A DECLARATION that only the duly appointed Governing Council, Rector and other staff and officers of the 1st Defendant are empowered by law to take charge of, oversee or participate in the administration and management of the 1st Defendant.
4. A DECLARATION that all administrative decisions or actions taken by the 3rd Defendant since his/their appointment and inauguration by the 2nd Defendant in relation to the administration and management of the 1st Defendant are illegal, invalid, null and void.
5. AN ORDER OF PERPETUAL INJUNCTION restraining the 2nd Defendant from interfering with the statutory powers of the Governing Council, Rector and other staff and officers of the 1st Defendant over administration and management of the 1st Defendant.
6. AN ORDER setting aside the appointment of the 3rd Defendant (Interim Management Committee of the Maritime Academy of Nigeria) by the 2nd Defendant.
7. AN ORDER setting aside all administrative decisions and actions taken by the 3rd Defendant (Interim Management Committee) in relation to the administration and management of the 1st Defendant.
8. AN ORDER compelling the members of the Interim Management Committee to return all financial assistance, salaries, allowances and other funds howsoever described received by them, jointly and severally, from the 2nd Defendant or the federal government as benefits by reason of their membership of the said committee to the federal government of Nigeria.
9. AND FOR SUCH FURTHER ORDER or orders as this Honourable Court may deem fit to make.
In a 25 paragraph affidavit deposed to by the 1st Plaintiff, Ene Ntang Ene, the candidate averred that the Minister of Transportation appointed and inaugurated an Interim Management Committee to take over, administer and manage the affairs of the Maritime Academy of Nigeria on September 6, 2017, and that the power to manage and run the affairs of the Academy is exclusively vested in the Governing Council of the Academy.
Mr. Ene further stated that the Committee suspended the 2017/2018 admission into the National Diploma, Higher National Diploma and Post Graduate Diploma programmes of the institution which has derailed his chances of being considered for admission into the Academy. Several documents have been attached to the affidavit as exhibits.
Similarly, in a Motion on Notice dated the 12th of October, 2017 filed by their lawyer Mr. Inibehe Effiong, the Applicants, Ene Ntang Ene and Francis Edem Otioro, are asking the Federal High Court to issue an order of interlocutory injunction restraining the Interim Management Committee whether by themselves, privies, officers, agents, servants or through any person whatsoever from directing, running, interfering or participating with the administration, management or affairs of the Maritime Academy of Nigeria in any manner whatsoever pending the hearing and determination of the suit.
The Applicants are also seeking interlocutory injunction restraining the Maritime Academy of Nigeria whether by themselves, staff, privies, officers, agents, servants or through any person whatsoever from recognizing, assisting or submitting to the Interim Management Committee in the administration, management or running of the affairs of the Maritime Academy of Nigeria in any manner whatsoever pending the hearing and determination of the suit, among others.
The motion for interlocutory injunction is supported by a 32 paragraph affidavit deposed to by the candidate, Ene Ntang Ene, four exhibits and a written address.
No date has been fixed for the hearing of the case.