Malabu oil: Court fixes July 5 to hear Shell, Agip, EFCC’s objections

Justice John Tsoho of the Federal High Court on Thursday fixed July 5, 2017 for hearing of the preliminary objections to a suit filed by Malabu Oil and Gas Ltd against the Federal Government over the ownership of the expansive OPL 245.

Other defendants in the suit are the Minister of Petroleum Resources, Shell Nigeria Ultra-Deep Limited, Shell Nigeria Exploration and Production Company Ltd; Nigerian Agip Exploration Company Ltd; Economic and Financial Crimes Commission and Chief Dan Etete.

By the suit dated April 6 and filed on the 10th, Malubu Oil and Gas Limited is seeking an order of court stopping Shell Nigeria Exploration and Production Company and Nigerian Agip Exploration Company Limited from signing the Final Investment Decision (F.I.D) for the $13.5 billion Zabazaba Deep water Project located in Oil Prospecting Licence (OPL245) in the second quarter of this year.

In the motion on notice marked FHC/ABJ/CS/201/17, the plaintiff is further asking for an order of interlocutory injunction restraining the Federal Government and the Minister Petroleum Resources from considering to revoke or revoking the re- allocation of OPL 245 granted to the applicant by virtue of the 1st & 2nd defendants’ letter of July 2, 2010 pending the determination of this suit.

At a resumed sitting on Thursday, J.A. Achimugu, counsel to the plaintiff, pleaded with the court for an adjournment.

“My Lord, we are constrained to ask for another date as the 4th defendant (Shell) was served the motion on notice in court this morning.

“We therefore seek an adjournment to enable them respond to the motion since they are within time” Achimugu stated.

However, all the other defendants equally informed the court that they had filed preliminary objection to the motion on notice as well as have agreed that the matter be adjourned.

Consequently, Justice Tsoho adjourned to July 5 for hearing of the preliminary objections.

The suit was triggered by media publications to the effect that the Federal Government, the Minister Petroleum Resources, Shell Nigeria Ultra-Deep Limited, Shell Nigeria Exploration and Production Company Ltd are negotiating to “sign the Final Investment Decision (F.I.D) for the $14.5b Zabazaba Deep water Project located in Oil Prospecting Licence (OPL 245) in the second quarter of this year.

Similarly, a sister suit by Malabu against Kweku Amufagha and nine others marked FHC/ABJ/CS/206/17 was equally adjourned to July 5, for mention.

Malabu’s lawyer, R.O. Atabo informed the court that the 1st, 2nd and 3rd defendants could not be served in their respective addresses in Port Harcourt, adding that the 5th defendant was served in court this morning.

“We therefore request for another date to enable us effect service on the defendants, Atabo said.

In the suit, the plaintiff is further seeking an order of interlocutory injunction restraining each and all the defendants/respondents by themselves, their Servants or agents or howsoever otherwise from offering for sale, selling, mortgaging or in any form whatsoever alienate and / or grant any oil Prospecting Licence or lease to any other person or persons in respect of Zabazaba Deep water and /or Etan oil fields located within the area of the oil prospecting Licence 245 (OPL245) the subject matter of this suit pending the hearing and determination of this suit.

Malabu Oil and Gas Ltd is further asking for an order of interlocutory injunction restraining the 1st & 2nd defendants/respondents (Federal government and the Minister Petroleum Resources) by themselves, their Servants or agents or howsoever otherwise from entering into any form of agreement with the 3rd, 4th and 5th defendants/ Respondents or with any third parties to prospect for and / or explore for Oil/ petroleum products within the area covered by Zabazaba Deep water and /or Etan oil fields within the area covered by the oil prospecting Licence 245 (OPL245) the subject matter of this suit pending the hearing and determination of this suit.

An order of interlocutory injunction restraining the 1st & 2nd defendants/respondents by themselves, their Servants or agents or howsoever otherwise from considering to revoke or revoking the re- allocation of OPL 245 granted to the applicant by virtue of the 1st & 2nd defendants’ letter of July 2, 2010 pending the determination of this suit.

In a 29 paragraphs affidavit, the plaintiff are claiming ownership of oil Prospecting License 245 (OPL245) which was granted to it on April 29, 1998 and was re-allocated to it on July 2, 2010 by the Federal Government and Minister of Petroleum Resources.

The plaintiff stated that its attention was drawn to a publication in This Day newspaper, “FG, Shell, Agip to sign FID for $13.5bn Zabazaba Deep water project in Q22017”.

That by the said publication, the defendants are negotiating to “sign the Final Investment Decision (F.I.D) for $13.5b Zabazaba Deep water project located in Oil Prospecting Licence (OPL) 245 in the second quarter of this year.”