Brittania-U Nigeria Limited has filed an appeal at the Supreme Court against last month’s decision of the Court of Appeal sitting in Lagos on the case of the disputed Chevron oil mining licences (OMLs) 52, 53 and 55.
The appeal court had on June 20 ruled against the extension of the interim orders earlier made by the Federal High Court sitting in Ikoyi, Lagos on the said case.
Also, Ricky Tarfa and Abiodun Owonikoko, lawyers to Brittania-U, have petitioned the Minister of Petroleum Resources, Diezani Alison-Madueke, the Nigerian National Petroleum Corporation (NNPC) and other parties to the suit not to jeopardise the ongoing suits by taking actions that would pre-empt the outcome of the case in court.
In a letter dated July 7, 2014 and titled ‘Divestment of Chevron Nigeria Limited From OMLs 52, 53 & 55: Subject of litigation in suit No FHC/L/CS/1711/2013 of Brittania-U Nigeria Limited vs Chevron Nigeria Limited and Ors’, the lawyers advised the minister and the NNPC, who have been placed on notice by a motion for joinder as necessary parties to the suit, not to pre-empt the outcome of the case by consenting to any adverse transaction until the final determination of the suit.
“By our letter of 16th December, 2013, instant, the NNPC and the Honourable Minister of Petroleum Resources were duly placed on notice of the suit and the relief sought therein with indication of their intended joinder, as potentially necessary parties depending on their reaction to that pre action notice,” the letter reads in part.
“That motion for joinder was filed in January 2014. Only the challenge to jurisdiction of the court prevented the grant of that application. Happily, by its incisive ruling of 13th day of May, 2014, the Federal High Court not only affirmed its jurisdiction, but expressly decided that the Minister and NNPC are indispensable parties to the suit.
“You will therefore appreciate that the transactions concerning OMLs 52, 53 and 55 are subjudice and no steps are permissible or lawful to be taken by the Honourable Minister and NNPC to consent to any adverse transaction, or in any other way, to prejudice the suit, until the suit/appeals relating to same are finally disposed of or the court otherwise directs/orders,” it further said.
OLUSOLA BELLO
