The Abuja division of the Federal High Court has ordered all parties to the suit against Seplat Energy Plc not to take further steps that would affect the subject matter for litigation before the court until issues in the case are resolved.
The suit marked FHC/ABJ/PET/8/2023 was filed by Boniface Okezie, Bon. Bright Nwabuogwuwa, John Isesele, Okonkwo Timothy, and Augustine Ezechukwu.
Listed as respondents are Seplat Energy Plc; company CEO, Mr Roger Brown; Board Chairman, Mr Basil Omiyi, as well as Independent Non-Executive Directors of the company, Dr Charles Okeahialam, Prof. Fabian Ajogwu, Rabiu Bello, Mrs Bashirat Odenewu, Emma Fitzgerald, Mrs Edit Onwuchekwa (Company Secretary/Legal Adviser), and the Corporate Affairs Commission.
The implication of the ruling delivered by Justice Inyang Ekwo is that the planned Annual General Meeting (AGM) by Seplat cannot go until the next adjourned date, fixed for May 31, 2023.
The ruling was made at the hearing of a motion on notice for interlocutory order restraining the directors (INEDs), being the respondents in the suit, from holding the AGM.
However, the court, upon learning that some of the respondents were yet to be served, directed that they be served before the matter could be taken.
Counsel to the Petitioners, Onuoha, told the court that the matter brought by his client was time and sought an order restraining Seplat and other Respondents from overreaching the substance of the matter.
“In the circumstance, we apply for an adjournment, but we urge the Court to warn the Respondents because our application is time-bound. The 2nd to 9th respondents are in the process of convening an AGM. We urge the Court to warn them not to do anything to overreach them”, he stated.
After listening to Kalu Onuoha, Esq. of Counsel for the Petitioners; Wole Olanipekun, SAN, of Counsel for Seplat; Matthew Burka, SAN, of Counsel for Roger Brown (who held brief of Dr Hassan Liman, SAN) of Counsel for Rabiu Bello and Emma Fitzgerald, Uzoma Azikiwe, SAN, of Counsel for Basil Omiyi, OA Omonuwa, SAN, of Counsel for Dr Charles Okeahialam and Prof. Fabian Ajogwu, and Prof Taiwo Osipita, SAN, representing Mrs Bashirat Odenewu and Mrs Edit Onwuchekwa, Justice Ekwo ruled: “Parties are hereby ordered not to tamper with the res until issues are resolved.
“Case adjourned to 31st May 2023 for Respondents to show cause”.
Emphasizing the order not to tamper with the res, Justice Ekwo stated: “Chief Olanipekun (Counsel for Seplat), when the parties have submitted to Court, it is something you teach always that parties should hold themselves, restrain themselves from doing anything that will affect the res until the issues are resolved”.
Credit: Daily Sun