The Federal High Court, sitting in Abuja, on Monday slated March 13, 2017 to deliver ruling in two separate applications brought before it by Shell Nigerian Exploration & Production Company and Nigerian Agip Exploration Limited seeking to set aside an order of forfeiture granted the Economic and Financial Crimes Commission (EFCC) in respect of Oil Prospecting Licence OPL 245, known as Malabu oil.
The trial Judge, Justice John Tsoho fixed the date yesterday, after taking arguments from Prof Olaniwun Ajayi (SAN), counsel representing Shell, Babatunde Fagboke (SAN) counsel representing Agip, and Mr Johnson Ojogbane, representing the anti-graft agency.
Recalled that Justice Tsoho had on January 26, 2017 issued an order of forfeiture of the Oil Operating Licence of OPL 245 also known as Malabu Oil to the federal government following EFCC’s exparte motion that the licence was a produce of crime.
Arguing the Shell application, Ajayi said EFCC did not meet the conditions prescribed in the EFCC Açt such as arrest, trace, and an application to the court for attachment before it rushed to the court for an order of forfeiture.
He urged the court to set aside the order made on 26th January because conditions precedent were not met by EFCC before the agency obtained the order from the court.
The senior counsel also said that the Chairman of the EFCC, did not only file a wrong court process but misled the court in issuing the forfeiture order without hearing from Shell and Agip.
In his submission, counsel to Agip, Fagboke while adopting the submissions of Ajayi added that it is unconstitutional to attach properties belonging to parties through an exparte motion because it denied them fair hearing.
But EFCC’s counsel, Ojogbane said that the arguments of both counsel were misconceived therefore should be discountenance and added that the order was properly made to prevent any action on the oil block.
“OPL 245 is a subject of criminal investigation and prosecution .In fact, there are charges now before the court on the criminality. The order was not only about preserving the subject matter but stopping criminality from progressing”, he argued.
The counsel to the EFCC further maintained that asking the court to vacate the order was a disservice to the country, adding that, the application lacked merit and should be dismissed.
Earlier during the sitting, the court had overruled Abdullahi Haruna who announced appearance for Malabu Oil and Gas. The counsel had wanted the court to stand down the matter to enable him fetch an application he filed seeking to vary the court order.
He also told the court that Malabu had filed three applications.
Mohammed Abacha, the son of late military President General Sani Abacha who has interest in Malabu Oil attended the court session.
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