Court dismisses suit filed against Amaechi, Maritime Academy

Justice Ishaq Sani of the Federal High Court in Uyo, Akwa Ibom State has dismissed a suit filed against the Minister of Transport, Rotimi Amaechi and the Interim Management Committee of the Maritime Academy of Nigeria, Oron.

Also sued in the suit as defendants were the Attorney General of the Federation and Chief Adebayo Babatunde Sarumi who was sued for himself and on behalf of the Interim Management Committee.

Delivering his judgment on the matter, Justice Sani held inter alia that the plaintiffs lacked the locus standi to institute the legal action and that any action instituted without the requisite standing in law, touches on the jurisdiction of the court and therefore such suit is liable to be struck out.

Justice Sani further held that a person who is merely seeking admission into the Academy and who is yet to be offered the admission lacks the locus standi to institute the suit to challenge the composition of the management of the institution. The court therefore dismissed the for lack of locus standi.

Ene Ntang Ene, an indigene of the areas and a candidate seeking admission into the Maritime Academy and one Francis Otioro had filed the suit.

The suit was filed on their behalf on Friday, October 13, 2017 by Mr. Inibehe Effiong, a Lagos-based legal practitioner. Appearing for the parties during the judgment were, Mr. Augustine Asuquo, holding the brief of Inibehe Effiong, for the plaintiffs, Mrs. Ikenle Bello-Ekwere and Mr. Gabriel Fan, for the defendants.

In the Originating Summons filed by the lawyer for the plaintiffs, a sole issue was raised for determination to wit:

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.

The plaintiffs also sought for nine reliefs as follows:
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.

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.

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.

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.

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.

An order setting aside the appointment of the 3rd Defendant (Interim Management Committee of the Maritime Academy of Nigeria) by the 2nd Defendant.

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.

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.

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.

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.