Justice Ibrahim Buba of a Federal High Court sitting in Lagos, weekend, lamented that he was being choked by Shell Petroleum Development Company, SPDC, through its counsel by filing so many applications in the on-going judgment creditor suit by Ejama community, an Ogoni community in Rivers State, against it (SPDC) and First Bank Nigeria Plc, surety/guarantor/debtor.
The judge had after about five hours of argument by counsel in the matter on May 16, 2018, adjourned till May 20, 2018, for judgment in the contempt proceedings initiated against First Bank and its claim on their alleged refusal to honour the bank surety/guarantee it provided on behalf of Shell and the prayers to make absolute, the garnishee order nisi made by an Oweri division of the Federal High Court in respect of the bank guarantee. But before the judgment day, Central Bank of Nigeria, CBN (garnishee), which was joined in the suit on May 16 as a nominal party filed a fresh application, praying the court to stay hearing in the matter.
SPDC which was also joined as a nominal party, file two separate applications, urging the court to stay further hearing in the matter, as well dismiss the entire suit. The fresh applications effectively arrested the judgment, which counsel to Ejama community, Mr Lucius Nwosu, SAN, reminded the court, must be delivered within three months as provided by the rules of the court.
Counsel to SPDC had told the court of its pending appeal at the Court of Appeal, contending that once an appeal had been entered, the trial court was advised to stay proceedings. Nwosu, who objected, said that the court was not bound by an application by a nominal party to stay its judgment, which it has three months to deliver by the rules of the court, adding that as far as garnishee proceeding was concerned, it was between the party that guaranteed the judgment debt, First Bank and not an interloper.
He added that the application was an abuse of court process and urged the court to refuse same. But SPDC argued that though a nominal party, it has a right to be heard and had also filed the applications it did. The judge at that point drew attention of parties to a latest Supreme Court judgment that affirmed the position of a nominal party, lamenting that he was being choked by so many applications, when what he ought to be doing was give his judgment so that dissatisfied parties can appeal. The court rules on Wednesday.
Read more at: https://www.vanguardngr.com/2018/06/ogoni-n17bn-judgment-sum-youre-choking-court-tells-spdc/
