The Federal High Court in Abuja, the nations capital, has started hearing a case filed by Global Gas and Refining Limited and the Nigerian Upstream Petroleum Regulatory Commission (NUPRC).
The hearing seeks an injunction to prevent Shell Petroleum Development Company of Nigeria Limited (SPDC) and the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) from selling Shell’s onshore assets to Renaissance, a consortium comprising ND Western Aradel Energy, First E and P, Watersmith, and Petrolin.
In a suit marked, FHC/ABJ/CS/413/2024, Global Gas, represented by its counsel, Mr. Patrick Ikwueto, SAN, is requesting the court to issue a restraining order pending the resolution of an ongoing appeal before the Supreme Court, which involves both parties.
The dispute centers around a Gas Processing Agreement (GPA) and a subsequent arbitration award, which is currently under appeal.
Global Gas is urging the court to prevent SPDC from divesting its assets and to stop NUPRC from approving the sale. The company argues that proceeding with the sale would undermine its ability to enforce any favorable judgment or arbitration decision, as the disputed assets are key to the case.
According to Global Gas, the divestment could hinder the ongoing legal process, rendering any future judicial or arbitration relief ineffective.
When the case was heard on Wednesday, Mr. Ikwueto informed Justice Inyang Ekwo that earlier attempts to resolve the matter out of court had failed, and he requested a date to begin the trial.
Ikwueto also filed an application to join the Minister of Petroleum, President Bola Tinubu, as a defendant, citing the Petroleum Industry Act, 2021, which grants the Minister authority over asset divestment in the petroleum sector.
The application argued that without the Minister’s inclusion, any court order would not be enforceable, as the Minister’s consent is required for the divestment. It also noted that adding the Minister would prevent potential multiple litigations involving similar requests for restraining orders.
Additionally, Tony Odidia, counsel for Webster Global Ventures Limited, requested his client’s inclusion as a co-claimant in the case.
After hearing the arguments, Justice Ekwo adjourned the matter until February 19, 2025, to hear the applications for joinder and to begin the trial.
Olusola Akintonde
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