The Federal High Court in Abuja has dismissed an objection filed by the Federal Government, Shell Nigeria Exploration and Nigeria Agip Exploration Company against the hearing of a suit seeking to reclaim the Oil Prospecting Lease 245 originally awarded to Malabu Oil and Gas Limited.
In the suit instituted by Mohammed Abacha, son of the late Head of State, Gen. Sani Abacha, he claimed to be the majority shareholder of the controversial firm, adding that the transfer of the OPL 245 to Shell and Agip was without his authorisation.
Ruling on the defendants’ objection to the hearing of the suit on Tuesday, Justice Binta Nyako held that the court had jurisdiction to hear the case.
She also ruled that the suit was not statute-barred as it was not caught by the Public Officers Protection Act.
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Justice Nyako, added that the plaintiff was right to have included the Minister of Petroleum as a defendant, and that the suit did not constitute an abuse of court process.
She therefore fixed March 9 for hearing of the substantive suit.
