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Wednesday, February 19, 2025

Court adjourns firm’s onshore asset dispute suit against Shell until May 12

The company argued that allowing the transaction to proceed would jeopardise its ability to enforce any favourable judgment or arbitration award.

• February 19, 2025
LEGISLATIVE GAVEL
LEGISLATIVE GAVEL[CREDIT ; WALLPAPERS.COM]

A Federal High Court in Abuja on Wednesday adjourned suit filed by Global Gas and Refining Limited against Shell Petroleum Development Company of Nigeria Limited (SPDC) until May 12 for definite hearing

Justice Inyang Ekwo adjourned the case after the submissions of counsel to the Global Gas, Celestine Okeke, and SPDC’s lawyer, Adeola Kembi.

Global Gas had, in the suit, sought an order restraining SPDC and the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) from selling its onshore asset to Renaissance, a Consortium made up of ND Western Aradel Energy, First E and P, Watersmith and Petrolin.

In the originating motion marked, FHC/ABJ/CS/413/2024, the company sought the restraining order pending the hearing and the determination of the appeal and cross appeal filed by the parties before the Supreme Court.

The suit followed a protracted dispute over a Gas Processing Agreement (GPA) between the parties and the subsequent arbitration award that has become a subject of appeals.

Global Gas, in the suit, is praying the court to issue interim orders preventing SPDC from divesting its assets and halting the NUPRC from approving the sale.

The company argued that allowing the transaction to proceed would jeopardise its ability to enforce any favourable judgment or arbitration award, as the assets in question are integral to the dispute.

Global Gas contends that the divestment would undermine the ongoing proceedings and render any eventual arbitration or judicial relief ineffectual.

When the matter was called on Wednesday, Okeke said at the last adjourned date, it was reported that parties could not resolve the issue amicably and it was adjourned for a motion.

The lawyer said they had a motion joining the minister of petroleum as 3rd respondent in the suit.

Kembi, who appeared for SPDC, said they had filed a preliminary objection challenging the jurisdiction of the court to hear the matter.

He said this was so because the substance of the case was still pending before the Supreme Court.

The lawyer acknowledged that Global Gas had responded to their objection and this was confirmed by Okeke.

The judge consequently adjourned the matter until May 12 for hearing of the originating motion filed by Global Gas and the SPDC’s preliminary objection.

He held that issues of joinder would be addressed after the contest about the jurisdiction of the court had been decided.

(NAN)

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