July 27, 2023

A Federal High Court, Abuja, on Thursday, fixed Oct. 25 for judgment in a suit filed by Mobil Producing Nigeria Unlimited against the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) in respect of its operations in Oil Mining Leases 67, 68, 70 and 104.

Justice Inyang Ekwo fixed the date after counsel for Mobil, Ituah Imhanze, and lawyer to NMDPRA, Ama Etuwewe, SAN, adopted their processes and presented their arguments for and against the suit.

Justice Ekwo had, on July 5, ordered NMDPRA not to take further action in respect of the oil mining lease suit filed pending the hearing and determination of the substantive matter.

The oil giant had, through its lawyer on June 27.in an ex-parte motion, prayed for an order restraining the Federal Government’s agency from imposing any sanction on the company.

The company also sought for an order stopping the agency from taking any action to frustrate its interest in respect of its operations in Oil Mining Leases 67, 68, 70 and 104 pending the hearing and determination of the motion on notice for interlocutory injunction.

Upon resumed hearing on Thursday, Imhanze told the court that the originating summon, dated June 16, was filed on June 19, including a further affidavit in support of the originating summons and a reply on points of law.
Besides, Imhanze also filed a motion on notice on July 26 to counter the argument of the agency.

The lawyer, who adopted all the processes, prayed the court to uphold their argument and grant their reliefs.

Responding, Etuwewe acknowledged that he had been served with the motion on notice but fresh issues were raised in the application.

He said the defence filed their counter affidavit and a written address as their argument in urging the court to dismiss the entire suit.

He also responded to the motion on notice filed by the plaintiff on July 26.
Justice Ekwo, after listening to their arguments, adjourned the matter until Oct. 25 for judgment.

In the application marked: FHC/ABJ/CS/844/2023 which was filed on Mobil’s behalf by Prof. Fabian Ajogwu, SAN, the oil company sought five reliefs.

These include a declaration that pursuant to Section 8(d) of the Petroleum Industry Act (PIA) 2021, the power to designate and approve its operations “as Integrated Upstream Petroleum Operations lies solely and exclusively within the remit of the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), and not the defendant (NMDPRA).

It sought a declaration that NMDPRA lacked the powers under the PIA to unilaterally review, revoke rescind, nullify or order the company to ignore the approval granted to it by the NUPRC which designates all its operations in Oil Mining Leases 67, 68, 70 and 104 as Integrated Upstream Petroleum Operations (IUPO).

Mobil, therefore, prayed for an order of perpetual injunction restraining NMDPRA.

But in its counter affidavit deposed to by Eze Nwachukwu, Deputy Manager in Legal Department of NMDPRA, the official said the approval granted to Mobil by NUPRC was erroneously done as the commission did not have the power to unilaterally approve integrated operations for the company.

Nwachukwu argued that the PIA did not vest NUPRC with responsibility for approving, overseeing and regulating integrated upstream and midstream operations.(NAN)