TheCable

A federal high court in Abuja has declined an objection filed by the federal government, Shell Nigeria Exploration and Production Company Ltd, Nigeria Agip Exploration Company and others.

The suit is seeking to prevent the hearing in a case filed by Mohammed Abacha, son of late military ruler Sani Abacha, to reclaim the oil prospecting license (OPL) 245.

Other defendants in the suit are the minister of Petroleum Resources, Shell Nigeria Ultra-Deep Ltd and Dan Etete, former petroleum minister.

OPL 245 was originally awarded to Malabu Oil and Gas Limited, then sold to Shell and Eni in 2011.

The oil block has generated a lot of controversy as there are claims that $1.1 billion of the $1.3 billion purchase price was given as bribe to politicians and intermediaries.

Abacha filed a suit, marked: FHC/ABJ/CS/201/2017 in the name of Malabu Oil and Gas Ltd, claiming to own majority shares in the firm.

While delivering a ruling on Tuesday, Binta Nyako, the judge, said the court has jurisdiction to hear the case which relates to oil and gas.

Dismissing the claim of the defendants (FG, Shell, Agip and others), she ruled that suit was not caught by the Public Officers Protection Act and as such, was not statute-barred.

She also said the plaintiff was right to have included the minister of petroleum as a defendant because the minister being a juristic personality could sue and be sued.

She added that the suit did not amount to an abuse of the process of the court because no evidence exists that issues raised have not been determined by any court.

Nyako adjourned the hearing of the substantive suit till March 9, 2021.