ABUJA – The Supreme Court, yesterday, adjourned further hearing on the controversy surrounding the sale of oil mining lease on three disputed oil blocks, OML-52, OML-53 and OML-55, sine-die (indefinitely).
Though full-blown hearing was originally slated to commence on the matter yesterday, however, the apex court premise its decision not to proceed with the case on the absence of the presiding Presiding Justice of the five man panel, Justice Galadima judge, justice Suleiman Galadima.
A registrar of the court informed all the parties in the matter that Justice Suleiman was “unavoidably absent”yesterday owing to the death of his family member.
It will be recalled that the the controversial oil blocks has been issue of litigation between three major oil firms operating in the country- Britannia-U Nigeria Limited, Chevron and Seplat.
At the last adjournment on May 18, 2015, the Supreme Court restrained Chevron and 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.
The apex court had earlier in a ruling by a five-man panel led by Justice Tanko Muhammad, ordered all the parties to maintain status quo on the matter.
It was the ruling on the court that, “No party is allowed to take any step that will affect the res (subject matter) of the appeal”.
The status quo order was sequel to refusal by lawyers representing parties in the case to give undertaking that their clients would not take steps that would affect the subject matter of the appeal before the Supreme Court.
Counsel to the appellant, Mr. Rickey Tarfa, SAN, had caused 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 last hearing date of March 24 , okayed hearing on his application for mandatory injunction.
Nevertheless, counsel for Seplat, Mr. Damian Dodo, SAN, argued 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.
His position was adopted by counsel to Chevron Nigeria and BNP Paribas Securities Corp, Me. Uche Nwokedi, SAN, and counsel to Chevron U.S.A Inc, Mr. Hermant Patel.
Dispute over the oil blocks 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 allegedly failed to make a public announcement of a winner, a reserve bidder and unsuccessful bids.
The appellant, Brittania-U Nigeria Limited, claimed that though it had emerged as the highest bidder, it said that Chevron ignored it and commenced move to sale the oil blocks to Seplat.
Consequently, 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.
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