Justice Oluremi Oguntoyinbo of a Federal High Court in Lagos has fixed March 2 for ruling on whether to entertain a motion challenging the Court’s jurisdiction or the contempt proceedings in a suit filed by Aiteo Eastern E&P Company Limited against Shell Petroleum Development Company of Nigeria (SPDC) and four others.
The Judge fixed the date, after listening to the arguments from counsel representing the parties the suit when the matter was called. Other respondents in the suit are Royal Dutch Shell Plc; Shell Western Supply and Trading Limited: Shell International Trading and Shipping Company Limited and Shell Nigeria Exploration and Production Company Limited.
At the resumed hearing of the matter, Aiteo’s counsel, Mr. Kemi Pinheiro, (SAN) who led Dr. Oladapo Olanipekun and Mr. Emeka Ozoani, told the court that they have motions for interlocutory injunction and committal proceedings applications, which were scheduled to be heard.
Pinheiro (SAN) notified the court that five of the banks; have complied with the directive of the court, while three other banks have no relationship with the defendant. He asked the court to discharge the banks. But counsel to the respondents, Mr. Wale Atake, SAN informed the court that he has two applications pending before the court.
He said one application is seeking to stay proceeding and the other challenging the jurisdiction of the court and as well discharge exparte marafa injunction.
However, the plaintiff’s counsel, Mr. Pinheiro (SAN) argued that Atake’s motion to seek an extension of time to file a response to the plaintiff’s motion as well as challenging jurisdiction at the same time cannot be taken. He said the first defendant (Shell) cannot probate and reprobate at the same time. After cited various higher court decisions to support their arguments, Justice Oguntoyinbo adjourned the ruling to March 2, 2021.