Nigerian National Petroleum Corporation V. Slb Consortium Limited (2008)

LawGlobal-Hub Lead Judgment Report

PAUL ADAMU GALINJE, .J.C.A

The Respondent herein as Plaintiff at the Federal High Court Lagos, (henceforth to be called ‘Lower Court’) claimed in its original summons dated and filed on the 30th of June 2000 against the Appellant herein and two others, namely ELF Petroleum Nigeria Ltd and Mobil Producing Nigeria Unlimited the following reliefs: –

“(i) A declaration that the 1st Defendant acted ultra vires its powers and unlawfully when it purportedly by its letter of July 7,1999, advised the Plaintiff that it had cancelled the Consulting Services Agreement dated March 1, 1999.

ii) A declaration that the 1st Defendant cannot legally and/or lawfully cancel the Consulting Services Agreement executed with the Plaintiff on March 1, 1999.

(iii) A declaration that the purported cancellation of the Consulting Services Agreement by the 1st Defendant violated the Plaintiff Constitutional right to fair hearing and is therefore illegal, unconstitutional, null and void, and of no effect whatsoever.

(iv) A declaration that there is a valid and subsisting Consulting Services Agreement contact executed by the Plaintiff and the 1st Defendant dated March 1, 1999.

(v) A declaration that the 2nd and 3rd Defendants are not entitled to refuse to continue to render necessary assistance to the Plaintiff or to require or cause the Plaintiff to withdraw from the project site or in any way act as If the Consulting Services Agreement made on March 1, 1999, has been terminated.

(vi) A declaration that in entering into the Consulting Services Agreement dated March 1, 1999, with the Plaintiff the 1st Defendant was acting for itself and on behalf of the 2nd and 3rd Defendants.

(vii) AN ORDER setting aside and/or annulling the 1st Defendant’s decision conveyed in its letter of July 7, 1999 by which the Consulting Services Agreement executed between the Plaintiff and 1st Defendant on March 1, 1999, was purportedly unilaterally cancelled.

(viii) AN ORDER of injunction restraining the Defendants from taking any step(s) to effectuate the decision conveyed in the 1st Defendant’s letter of July 7, 1999, wherein it purportedly cancelled the Consulting Services agreement executed with the Plaintiff on March 1, 1999 whether by themselves, their agents, servants, privies or

howsoever or treating the Consulting Services Agreement as having been determined or prevent or refuse the Plaintiff from continuing to execute and perform the contract as provided for under the Consulting Services Agreement executed on March 1, 1999 with regard to the Amenam/Kpono Field Development Project.

(ix) (a) AN ORDER of specific performance of the Consulting Services Agreement contract made between the Plaintiff and the 1st Defendant on March 1, 1999, or alternatively.

The sum of US$ 19,840,467.00 (Nineteen million, Eight Hundred and Forty Thousand, Four Hundred and Sixty Seven United States’ Dollars) or its Naira equivalent as SPECIAL DAMAGES against the 1st Defendant being the sum payable for outstanding services under the Consulting Services Agreement made between the Plaintiff and the 1st Defendant on March 1, 1999, which was illegally cancelled by the 1st Respondent.

The cost of this action as shall be assessed by the Court.”