Hearing in the dispute over the sale of Oil Mining Lease (OMLs) 52, OML 53 and OML 55 between Britannia-U Nigeria Limited, Chevron and Seplat was on Friday stalled following the absence of the presiding Justice of the Supreme Court panel, Justice Suleiman Galadima.
credit; Thisday news
Although counsel to the parties were in court before 9am, it was not until 2pm that they were notified that the contentious matter would not be heard owing to the "unavoidable" absence of the Presiding Justice, who had lost a family member.
Consequently, hearing in the appeal was adjourned sine die by the apex court and counsel expected to be issued with hearing notices when a fresh date is fixed.
When the case last came up on May 18, 2015 the Supreme Court restrained Chevron, Seplat from selling the disputed oil blocks.
Specifically, the apex court ordered Chevron not to take any step or action regarding the sale of the oil mining lease (OMLs) 52, OML 53 and OML 55 – to Seplat Petroleum Development Company pending the determination of an appeal by Britannia-U Nigeria Limited.
Brittania-U Limited’s appeal is against an earlier ruling by the Appeal Court, Abuja, which vacated an order of interlocutory injunction by a high court, restraining Chevron and Seplat from proceeding to conclude any deal on the two oil leases.
A five-man bench, led by Justice Tanko Muhammad issued the order, directing parties in the case to maintain the status quo.
He said: “No party is allowed to take any step that will affect the res (subject matter) of the appeal."
The court’s order was informed by the refusal of lawyers representing parties to give undertaking that their clients would not take steps that would affect the case.
Appellant’s counsel, Rickey Tarfa, SAN had asked the court to order parties not to take further steps on the subject of the case on realising that he would be unable to argue his application for mandatory injunction seeking to reverse steps taken by Chevron to sell the disputed oil bloc to Seplat.
Tarfa reminded the court that it had, during the last hearing date of March 24 this year, fixed May 18, for hearing of his application for mandatory injunction.
But counsel to Seplat, Damian Dodo, SAN submitted that the substantive appeal was ripe for hearing and prayed the court to hear the main appeal rather than be distracted by any interlocutory application.
Counsel to Chevron Nigeria and BNP Paribas Securities Corp, Uche Nwokedi, SAN and counsel to Chevron U.S.A Inc, Hermant Patel alligned themselves with Dodo's submission.
After hearing the views of all counsel, the apex court ordered parties to maintain status quo pending the outcome of the appeal.
The case did not come up on October 6 as scheduled. Instead, it was adjourned to December this year.
Inexplicably, the appeal was moved back to yesterday, but could not be taken because of the bereavement of Justice Galadima.
Crisis started when Chevron offered for sale OMLs 52, 53 and 55 and invited bids from firms.
The sale of the assets became controversial after Chevron, in a bid to ensure transparency put the assets through a public bidding, but failed to make a public announcement of a winner, a reserve bidder and unsuccessful bids.
It then allegedly turned its back on the highest bidder, Brittania-U Nigeria Limited, and began to deal with Seplat behind the scene.
Brittania-U went to court to contest Chevron’s action of not declaring it winner after it posted a $1.67 billion bid for the three assets, an amount later revised to $1.015 billion after both companies’ officials met in Houston, United States.
Consequently, hearing in the appeal was adjourned sine die by the apex court and counsel expected to be issued with hearing notices when a fresh date is fixed.
When the case last came up on May 18, 2015 the Supreme Court restrained Chevron, Seplat from selling the disputed oil blocks.
Specifically, the apex court ordered Chevron not to take any step or action regarding the sale of the oil mining lease (OMLs) 52, OML 53 and OML 55 – to Seplat Petroleum Development Company pending the determination of an appeal by Britannia-U Nigeria Limited.
Brittania-U Limited’s appeal is against an earlier ruling by the Appeal Court, Abuja, which vacated an order of interlocutory injunction by a high court, restraining Chevron and Seplat from proceeding to conclude any deal on the two oil leases.
A five-man bench, led by Justice Tanko Muhammad issued the order, directing parties in the case to maintain the status quo.
He said: “No party is allowed to take any step that will affect the res (subject matter) of the appeal."
The court’s order was informed by the refusal of lawyers representing parties to give undertaking that their clients would not take steps that would affect the case.
Appellant’s counsel, Rickey Tarfa, SAN had asked the court to order parties not to take further steps on the subject of the case on realising that he would be unable to argue his application for mandatory injunction seeking to reverse steps taken by Chevron to sell the disputed oil bloc to Seplat.
Tarfa reminded the court that it had, during the last hearing date of March 24 this year, fixed May 18, for hearing of his application for mandatory injunction.
But counsel to Seplat, Damian Dodo, SAN submitted that the substantive appeal was ripe for hearing and prayed the court to hear the main appeal rather than be distracted by any interlocutory application.
Counsel to Chevron Nigeria and BNP Paribas Securities Corp, Uche Nwokedi, SAN and counsel to Chevron U.S.A Inc, Hermant Patel alligned themselves with Dodo's submission.
After hearing the views of all counsel, the apex court ordered parties to maintain status quo pending the outcome of the appeal.
The case did not come up on October 6 as scheduled. Instead, it was adjourned to December this year.
Inexplicably, the appeal was moved back to yesterday, but could not be taken because of the bereavement of Justice Galadima.
Crisis started when Chevron offered for sale OMLs 52, 53 and 55 and invited bids from firms.
The sale of the assets became controversial after Chevron, in a bid to ensure transparency put the assets through a public bidding, but failed to make a public announcement of a winner, a reserve bidder and unsuccessful bids.
It then allegedly turned its back on the highest bidder, Brittania-U Nigeria Limited, and began to deal with Seplat behind the scene.
Brittania-U went to court to contest Chevron’s action of not declaring it winner after it posted a $1.67 billion bid for the three assets, an amount later revised to $1.015 billion after both companies’ officials met in Houston, United States.
credit; Thisday news
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