A Lagos division of the Federal High Court on Thursday awarded Chevron Petroleum Nigeria Ltd a credit of 100,000 euros in a $ 12 billion debt recovery lawsuit filed by the federal government against oil shipments.
Mojisola Olatoregun, the judge, awarded the costs after striking the company's preliminary objection by the second defendant, Chevron Petroleum Nigeria Ltd, challenging the court's jurisdiction over the service of the court proceedings.
According to the judge, the cost should be paid within seven days of the sentence.
The federal government brought an action against Chevron Nigeria Ltd and Chevron Petroleum Nigeria Ltd, respectively first and second defendants.
This lawsuit is one among several lawsuits aimed at recovering nearly $ 12 billion in shortage of crude oil revenues from some international oil companies.
The federal government was represented by Ituah Imhanze and Chineme Onuoma, while the first and second defendants were represented by Miannaya Essen, a senior Nigerian lawyer.
Defense counsel had challenged the court's jurisdiction, urging it to dismiss the alleged service of a writ of altered summons and an amended statement to the second defendant for lack of jurisdiction.
Counsel had argued that the second defendant had not been made aware of the amended procedures in accordance with the provisions of the law.
In rendering its decision on the opposition, the court ruled that the service of the original proceedings was fundamental to the court's jurisdiction, adding that the service must be personal except when personal service is not possible.
It found that, in accordance with the provisions of Rule 6, Rule 3 of the Rules of Civil Procedure of the Federal High Court, it is not necessary to resort to judicial services when the defendant, through his lawyer, engages in in writing to take office. ...
The court further held that where a party by this means, accepts service, he cannot deny same, adding that from records, it could be recalled that the processes were served.
The court consequently held: “This application is totally and absolutely a waste of time and it is unbelievable”
After the court’s ruling, Mr. Imahnze asked for a cost of N100,000 against the second defendant which the judge granted.
The judge expressed displeasure at the delays experienced in the suit since 2016 when the case was brought to court, saying there had been so many applications which had stalled progress of the suit.
Going forward, the judge sought to know how many witnesses parties were to call, and in response, both the plaintiff and defendant informed the court that they had two witnesses each to call in the trial.
The court consequently, adjourned the case until May 16 and 17 for trial.
The suit was filed by the Federal Government through its Counsel, Fabian Ajogwu, (SAN) in 2016, against some International Oil Companies (IOCs) to recover lost revenues arising from undeclared and under-declared crude oil shipments from Nigeria to different parts of the world.
The government had also sued Total E&P Nig. Plc, alleging that the oil company under-declared the volume of crude oil it shipped out of the country between January 2011 and December 2014.
The oil companies were accused of short-changing the country to the tune of $245 million, by allegedly shipping several barrels of crude oil out of Nigeria, without making due remittance to the government.
The FG also filed similar suits against Agip Oil Company Ltd, Shell Western Supply & Trading Ltd among others.
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The court further held that where a party by this means, accepts service, he cannot deny same, adding that from records, it could be recalled that the processes were served.
The court consequently held: “This application is totally and absolutely a waste of time and it is unbelievable”
After the court’s ruling, Mr. Imahnze asked for a cost of N100,000 against the second defendant which the judge granted.
The judge expressed displeasure at the delays experienced in the suit since 2016 when the case was brought to court, saying there had been so many applications which had stalled progress of the suit.
Going forward, the judge sought to know how many witnesses parties were to call, and in response, both the plaintiff and defendant informed the court that they had two witnesses each to call in the trial.
The court consequently, adjourned the case until May 16 and 17 for trial.
The suit was filed by the Federal Government through its Counsel, Fabian Ajogwu, (SAN) in 2016, against some International Oil Companies (IOCs) to recover lost revenues arising from undeclared and under-declared crude oil shipments from Nigeria to different parts of the world.
The government had also sued Total E&P Nig. Plc, alleging that the oil company under-declared the volume of crude oil it shipped out of the country between January 2011 and December 2014.
The oil companies were accused of short-changing the country to the tune of $245 million, by allegedly shipping several barrels of crude oil out of Nigeria, without making due remittance to the government.
The FG also filed similar suits against Agip Oil Company Ltd, Shell Western Supply & Trading Ltd among others.
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