Seplat Energy Plc has filed a petition against Justice Inyang Ekwo of the Federal High Court in Abuja at the National Judicial Council (NJC).
The oil company filed the petition against the judge over alledged unethical, gross misconduct and abuse of judicial power.
They alledged that he granted an order in suit No: FHC/ABJ/CS/626/2023 which was designed to cripple its operations
Background
According to Seplat, it was an act of gross misconduct on the part of the judge to gloss over various applications it filed.
The applications were filed by Seplat and some of its directors and Secretary, on May 10, 2023, challenging the competence of the suit and the jurisdiction of the court to entertain the suit.
The petition
In the petition, The company accused the judge of granting ex-parte orders in several cases involving it and some of its shareholders.
The company asked the NJC to investigate its complaint and ensure appropriate disciplinary action against the Justice Ekwo.
The petition is dated May 15,2023 and is addressed to Justice Olukayode Ariwoola who doubles as the Chief Justice of Nigeria and the Chairman of the National Judicial Council (NJC),
The petition was signed by Seplat Acting CEO/Chief Operating Officer, Samson Ezugworie.
Parts of the petition reads “It is evident that the approach of His Lordship will compromise the fair hearing of the applications in the April petition. It is also amazing that the above suit which was filed on the 8th of May 2023, and which was not listed on the cause list on the 9th and 11th of May 2023 respectively, was heard by His Lordship.
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“We believe that this can only be possible because of prior direct communication between His Lordship and Counsel to the Plaintiffs in the above suit. This, we believe, is highly unethical,”
“As it were, the orders made by His Lordship on 11th May 2023 will compromise the fair hearing of these pending applications filed by Seplat and other respondents.”
“It has every reason to believe that all the steps taken by His Lordship in the above suits are designed to favour the plaintiffs and disfavour Seplat, its directors and secretary. Seplat, its directors and Secretary’s position is corroborated by other cases and events.”
“Some shareholders of Seplat were genuinely worried about the likely stalling of the company’s 2023 AGM scheduled for May 10, 2023 and instituted the above suit, praying for mandatory orders for the meeting to be held.
“They also sought an order that the directors and company secretary should not be removed from office or hindered in the performance of their duties by any person or authority. Final judgment was delivered by Justice A. R. Mohammed of the same Abuja Judicial Division of the Federal High Court.
“It is noteworthy that the above judgment was brought to the attention of His Lordship, Justice. Ekwo by some of the counsel representing the respondents in Suit No: FHCIABJ/CS/626/2023 between Juliet Ebere Nwadi Gbaka & 2 Ors. V Seplat Energy Plc & 13 Ors, via various processes filed by them on 10th May 2023. The exhibited judgment of Justice A. R. Mohammed alongside letters and processes notifying His Lordship of the subsisting judgment.
“Notwithstanding his lordship’s attention being directed to the subsisting judgment of a more senior judge (Justice A. R. Mohammed) of the same Federal High Court, His Lordship made orders on 11th May 2023, which contradict and indeed have the capacity of overruling the judgment of Hon. Justice A. R. Mohammed
“Seplat believes that it is improper for His Lordship, whose attention had been drawn to the existing final judgment of a brother judge, to sit as an appellate court over such judgment through the rendition of an interlocutory ruling which conflicts with the said final judgment.
“On the strength of the above, Seplat invites the NJC to dispassionately investigate its complaint and ensure appropriate disciplinary action against Justice Ekwo.”
