Malabu Oil and Gas Limited V. The President and Commander in Chief, Federal Republic of Nigeria & Ors (2009)

LawGlobal-Hub Lead Judgment Report

UWAHI MUSA ABBA AJI, J.C.A.

This is a Cross Appeal by the 7th Respondent in the appeal against part of the ruling of Justice Binta Nyako of the Federal High Court, Abuja delivered on the 14th day of March, 2006 which struck out the legal objection of the 7th Defendant/Respondent/Cross Appellant in defence to the Plaintiff/Appellant’s claim before the trial court.

The 7th Respondent/Cross Appellants’ legal objection is as set out in paragraphs I, 8 and 9 of its statement of defence as follows:-

Paragraph 1

7th Defendant shall contend that this action against it is incompetent and the Honourable court has no jurisdiction to entertain the plaintiffs claim against it.

Particulars

a. By written agreement between the Plaintiff and 7th Defendant the parties agreed to submit their differences and disputes to international Arbitration.

b. By the terms of the Farm in Agreement between Plaintiff and 7th Defendant, the arbitral award is final and binding on the parties from the date that it is made without any right to appeal to any court.

c. Plaintiff and Defendant having submitted their differences and disputes to International Arbitration, plaintiff is stopped from re-Litigating the same issues or re-opening in any manner the issues resolved in the final award made in respect of the said differences and disputes.

d. 7th Defendant joinder as a party in this case is an abuse of judicial process as Plaintiff and Defendant have submitted their differences and disputes arising out of and concerning the Head of Agreement and Farm in Agreement all in respect of OPL 245 to an Arbitral Tribunal which has made its award thereon.

Paragraph 8

The Arbitral Tribunal has concluded proceedings and handed down its Award in which it found in favour of the defendant and against the plaintiff. With respect to the matter pleaded in paragraphs 17 and 18 of the statement of claim and the reliefs claimed in this action, the Arbitral Tribunal has resolved all the issues and the Plaintiff is bound by the Arbitral Award.

Paragraph 9

Defendants shall contend that the action against it is incompetent and that the court lack jurisdiction to entertain same in that:-