Supreme Court asks Chevron, Seplat, Brittania-U not to act on OMLs 52,53,55 sale

The Supreme Court sitting in Abuja, yesterday asked parties in a suit involving Brittania-U Nigeria Limited and Chevron/Seplat and others, to respect the authority of the court and not do anything that might overreach the case.

Justice Fabiyi, the presiding justice on the panel, who sat on the appeal, also reminded the counsels representing the parties to the case, that it was their duty to advise their clients on the need to respect the authority of the court.

The case is in respect of the acquisition of Chevron’s interest in oil mining leases (OMLS) 52, 53 and 55.

Rickey Tarfa, Senior Advocate of Nigeria (SAN) with A. J. Owonikoko (SAN) and others, appeared for Brittainia U – the appellant.

D. D. Dodo (SAN) appeared with other counsel, for Seplat, while Uche Nwokedi  (SAN) and another, appeared for Chevron Nig. Plc.

When the case was called, Rickey Tarfa sought to move the motion for interlocutory injunction dated 16 July 2014, pending the hearing of the appeal. At this stage,  Dodo, counsel to Seplat, informed the court that the appeal itself was ripe for hearing, but that they filed their respondent’s brief out of time.

Dodo sought to regularise the late filing of their brief which was granted unopposed by Brittania-U counsels.

Etuwewe,  counsel for the third and fifth respondents also informed the court that they filed their respondent brief within time.

The court then expressed its willingness to hear the substantive appeal, rather than take lengthy agreements on the pending motion for an injunction.

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All the counsels reasoned with the disposition of the court. The court accordingly directed that the registrars should notify parties of the date for the hearing of the appeal, after the appellant might have filed their reply briefs to the respondent briefs which were served on them on Monday, February 23, 2015.

No specific date was pronounced in the open court for hearing the appeal, and the motion for the interlocutory injunction which was not withdrawn is expected to abide by the final judgment of the Supreme Court in the appeal brought by Brittania-U Nigeria Limited.

It will be recalled that the Federal High Court, sitting in Lagos, had granted an interim injunction against Chevron and other defendant respondents, restraining them from proceeding to sell, or conclude sale, especially to Seplat, the fifth respondent/defendant, of Chevron’s 40 per cent participation interest in OMLS 52, 53  and 55, which Brittania-U alleged that it won in a competitive bid conducted by Chevron’s investment bankers-BNP Paribas, in 2013 for USD 1.015 billion.

Seplat appealed to the Court of Appeal in Lagos against the refusal by the Federal High Court to vacate the interim injunction, contending that the jurisdiction of the court to hear the case was being challenged by the respondent. The Court of Appeal allowed the appeal in June 2014, reasoning that the life of the interim order could not be extended, while the jurisdiction of the Federal High Court was being challenged.

This decision of the Court of Appeal is what has been appealed against to the Supreme Court by Brittania-U, and the ultimate relief being sought in the appeal, is the restoration of the injunction granted by the Federal High Court, which was to last till the motion for the interlocutory injunction is determined.

Meanwhile, the Federal High Court had overruled the objection raised by the respondent to its jurisdiction on May 13, 2014, before the Court of Appeal Judgment was delivered.

With the admonitions by the justices of the Supreme Court yesterday, particularly reminding counsels of their duties to court the, as the senior members of the bar, not to condone or allow any action that overreaches the appeal, legal experts says that the court had effectively preserved the RES and prevented any of the parties to proceed further, with the sale or divestment of the three OMLs, until the appeal is determined.

OLUSOLA BELLO