SPDC (Nig) Ltd & Anor v. Torchi & Ors (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, J.S.C. (Delivering the Lead Ruling)

The application herein is dated 15th June, 2022 and filed on 17th June, 2022 and brought pursuant to Section 233(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 27(2)(a) & (4) of the Supreme Court Act, Order 2 Rules 28(1) & (2) and 31, Order 8 Rule 4 of the Supreme Court Rules and under the inherent jurisdiction of this Court.

The Appellants/Applicants are praying for the grant of the following orders:

“A. An order of this honourable Court enlarging the time within which the Applicants may seek leave to file additional grounds of appeal other than on law, against the decision of the Court of Appeal, Owerri Division (Court Below) delivered on 11.03.2022 in Appeal No: CA/OW/489/2020 between The Shell Petroleum Development Company of Nigeria Limited & Anor v. Chief Isaac Obor Ntito Torchi & 89 Ors (the Ruling) as contained in Grounds Eight, Nine, Ten and Eleven, of the Proposed Amended Notice of Appeal attached to the affidavit in support of this application as Exhibit SPDC 4.

B. An order of this honourable Court granting leave to the Applicants to file additional grounds of appeal raising issues other than law alone against the said ruling delivered on 11-03-2022 as contained in Grounds Eight, Nine, Ten and Eleven of the Proposed Amended Notice of Appeal attached to the affidavit in support of this application as Exhibit SPDC 4.

C. An order of this honourable Court enlarging the time within which the Applicants may file additional grounds of appeal raising issues other than law alone, against the said ruling as contained in Grounds Eight, Nine, Ten and Eleven of the Proposed Amended Notice of Appeal attached to the affidavit in support of this application as Exhibit SPDC 4.

D. An order of this honourable Court enlarging the time within which the Applicants may file additional grounds of appeal bordering on law, against the Ruling as contained in Grounds Twelve and Thirteen of the Proposed Amended Notice of Appeal attached to the affidavit in support of this application as Exhibit SPDC 4.

E. An order of this honourable Court granting leave to the Applicants to amend their Notice of Appeal filed on 14.03.2022 to reflect the additional grounds of appeal as shown in the Proposed Amended Notice of Appeal attached to the affidavit in support of this application as Exhibit SPDC 4.

F. Such further or other order or orders as this honourable Court may deem fit to make in the circumstances.”

The grounds upon which the application is brought as stated on the motion paper are:
“(a) The Applicants have a subsisting appeal to this Honourable Court on grounds of law alone reflected in Exhibit SPDC 3 the extant Notice of Appeal.
(b) Upon further review of the ruling and record of proceedings (which were not initially available due to delay by the Court below) by learned Senior Counsel representing the Applicants advised the Applicants that there is, a need to challenge the ruling on grounds other than on law alone but also on other additional grounds which raise issues of mixed law and facts.

(c) By Section 233(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the Constitution”), appeals from the decisions of the Court Below to this honourable Court on grounds other than grounds of law require leave of the Court.
(d) The 14 days within which the Applicants may appeal, as of right in respect of the proposed additional grounds of appeal or seek leave to appeal on grounds other than grounds of law have elapsed.
(e) The proposed grounds other than on grounds of law raise substantial issues that go to financial system stability, revenue of the federation, solvency, ability to sustain the prosecution of the appeal, equitable treatment of foreign investors. Nigeria’s bilateral trade and treaty obligations and notions of justice in Nigeria.

(f) The additional grounds numbered as grounds 8, 9, 10, 11, 12 and 13 of the Proposed Amended Notice of Appeal raise substantial and recondite issues such as: (x) the grant of the order of Mareva without any legal basis and improper evaluation of evidence; (y) lack of fair hearing and bias against the Applicants.

(g) The grounds for which leave is sought will assist this honourable Court in the administration of justice in this matter involving also constitutional issues of fair hearing and bias.
(h) It is just and equitable to grant the application for leave to appeal on mixed law and fact before this honourable Court.”

The application is supported by a 22-paragraph affidavit deposed to by Kingsclovis Okereke, a Senior Legal Counsel in the employment of the 1st Appellant/Applicant as well as a Written Address. The affidavit in support of the application has four exhibits attached viz: