April 09, (THEWILL) – The Federal High Court sitting in Lagos has vacated its interim order earlier restraining a Briton, Mr Roger Brown from parading himself as the Chief Executive Officer (CEO) of Seplat Energy Plc. Mr Brown, a Briton, has been the CEO of Seplat Energy since November 2019.
The same court had in its ruling delivered last month (March 2023) restrained Mr Brown from parading himself as the oil company’s CEO pending the determination of a suit filed against him and others by aggrieved stakeholders of the company on accusation of racism.
The aggrieved persons who include; Moses Igbrude, Sarat Kudaisi, Kenneth Nnabike, Ajani Abidoye, and Robert Ibekwe, had also accused Brown of favouritism towards expatriate workers, discrimination against Nigerians and breach of good governance code.
Following the earlier court ruling, the Federal Government subsequently revoked Brown’s work permit, visa and residence permit, as he was extradited.
However, ruling on the same suit last week, Justice Chukwuejekwu Aneke vacated the order when he ruled on applications filed by the respondents, which included Seplat Energy Plc, Brown, Mr. Basil Omiyi, and other persons affected by the ex parte orders in Suit No. FHC/L/402/2023.
It was gathered that Justice Aneke explained that he vacated the interim order issued on March 8, 2023, based on the provisions of Order 26 Rules 9 and 10 of the Federal High Court Civil Procedure Rules 2019.
Brown and the other respondents had in their various applications prayed the court to set aside the restraining orders, as they argued that the petitioners lacked locus standi to file the suit
They also challenged the jurisdiction of the court to entertain the suit on grounds that the complaints of the petitioners fall under the exclusive jurisdiction of the National Industrial Court and maintained that the interim orders were granted against persons that were not parties to the suit.
Justice Aneke in his ruling on Thursday, however, dismissed the argument by the respondents that the petitioners had no locus standi to file the suit and that the court had no jurisdiction to entertain the case.
“I find, as a fact, that the petitioners’ grouse can adequately be accommodated under the provisions of Section 354 of the Companies and Allied Matters Act, CAMA which falls within the jurisdiction of this court.
“I find and hold that the petitioners have a locus standi to bring the petition before the court. Furthermore, this court has jurisdiction to adjudicate on the suit as it falls within the provision of Section 251 of the Constitution.”
The judge, however, said he found merit in the prayer to vacate the interim order restraining Brown.
“By virtue of Order 26 Rules 9 and 10 of the Federal High Court Civil Procedure Rules 2019, the interim orders of the court made on March 8, 2023, are hereby discharged and vacated,” he said.
Justice Aneke thereafter adjourned the matter till May 16, 2023, for further hearing
Seplat Energy, a dually quoted firm in the Nigerian Exchange and London Stock Exchange has been immersed in controversies relating to corporate governance issues which triggered a series of media reports which industry experts say could damage the long standing reputation of the firm established in 2009.
Sam Diala is a Bloomberg Certified Financial Journalist with over a decade of experience in reporting Business and Economy. He is Business Editor at THEWILL Newspaper, and believes that work, not wishes, creates wealth.
