JUDICIARY
Court Strikes out Suit by Aiteo’s Surveillance Contractors in Bayelsa Oilfield
From Tayese Mike, Yenagooa
A Bayelsa State High Court on Thursday, struck out 12 suits on alleged breach of contract filed by surveillance contractors engaged at the Nembe Creek oilfields in Bayelsa by Aiteo Eastern Exploration Limited.
The surveillance contractors who are members of the oil firm’s host communities at Opu-Nembe had dragged Aiteo to Nembe High Court presided over by Justice L.
M. Boufini for alleged breach of contract terms.According to court records, the 12 suits were separately assigned suit numbers NHC/1/2020 to NHC/12/2020 in a serial order.
The claimants, Mr Nicholas Ebiye and Johnson Theophilus and 10 others filed the suit to seek legal redress over percieved injustice and malicious punishment meted out against the Opu-Nembe Surveillance Contractors by Aiteo.
However, in a ruling on the motion seeking to strike out the case for lack of jurisdiction due to an arbitration clause in the lapsed 2015 contract, Boufini agreed that arbitration should be the primary mechanism for resolving any dispute from the contract.
The judge held that the arbitration clause in the contract does not oust the jurisdiction of the court , but since both parties had agreed to adopt arbitration, he cannot entertain the case at the first instance until the arbitration option is exhausted.
“I have listened carefully to submissions by leanered counsels for both parties and it is clear that what is before me is to determined whether the arbitration clause in the contract entered by both parties can oust the jurisdiction of this court to entertain this suit.
“To resolve this issue, let me start by stating what an Arbitration Clause means. It is a clear and express provision in a contract that defers any dispute first to arbitration before any litigation is commenced.
“It is a principle of law that parties cannot by contract oust the court but any person can covenant that no right of action shall accrue till a third person has decided on any difference that may arise between himself and the other party to the covenant.
“The wording of this clause is key such that if the covenant is framed such that there will be no cause of action until after an arbitration, then the parties must arbitrate before seeking remedy in court.
“In the instant case article 12.1 of the contract states that any dispute arising from this contract that cannot be amicably resolved shall be referred to and finally be resolved by arbitration,” Boufinini said.
He said that in the circumstance, arbitration was a condition precedent to any court action and subsequently struck out the case.
Aiteo, an indegenous firm, acquired the OML 29,from Shell Petroleum Development Company in 2015.
The divestment by Shell transferred its equity and interest in OML 29 and transferred its interest including the 97 kilometer Nembe Creek Trunk Line that transports crude Bonny Export terminal for 1.7 billion dollars to Aiteo.
A Kano State High Court has restrained the National Chairman of the All Progressives Congress (APC), Dr Abdullahi Umar Ganduje, from parading himself as a member of the party.
Justice Usman Malam Na’abba, on Wednesday, made the order, following an exparte motion filed by Dr Ibrahim Sa’ad on behalf of two APC executive members of Ganduje ward, Dawakin-Tofa Local Government Area.
The plaintiffs are the party’s Assistant Secretary, Laminu Sani, and its Legal Adviser, Haladu Gwanjo.
The duo are among the nine ward executive members who suspended Ganduje from the party at the ward level, two days ago.
The respondents in the case include, All Progressives Congress (APC), APC National Working Committee (NWC), APC Kano State Working Committee (KSWC), and Dr Abdullahi Umar Ganduje.
Granting the motion, Na’abba made an order restraining Ganduje from parading himself as APC National Chairman.
The court further made an order directing Ganduje to henceforth, desist from presiding over all affairs of the APC National Working Committee (NWC).
The court directed the respondents to henceforth maintain status quo ante belum as from April 15, pending the hearing and determination of the substantive suit on April, 30.
Justice Na’abba also granted the plaintiff’s prayer which ordered the APC SWC, from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by two thirds majority of the executives as provided by the party constitution.
“An order is hereby granted directing all parties in the suit APC (1st), APC National Working Committee (2nd), Kano State Working Committee APC (3rd), Dr. Abdullah Umar Ganduje (4th), to maintain status quo ante belum as of 15th April, 2024.
“The order thereby restraining the 1st respondent (APC) from recognizing the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legal and valid decision of the ward executives of Ganduje ward.
“That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC, pending the hearing and determination of the substantive suit”.
It will be recalled that nine members of the Ganduje ward proclaimed the suspension of the National Chairman of APC over the allegation of corruption slammed on him by the Kano state government.
The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of APC from Ganduje’s polling unit.
In the petition, Adamu made allegations of corruption charges against the former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party against the backdrop of President Bola Tinubu’s fight against corruption.
Following the failure of the Ward Chairman and Secretary to act on the petition, nine members of the executives, led by the legal adviser, acted and took the decision that led to the suspension Ganduje. (NAN)
A Jos Magistrates’ Court, on Wednesday, sentenced a 28-year-old businessman, Peter Sunday to one year imprisonment for stealing motor parts valued at N200,000.
The Magistrate, Mr Shawomi Bokkos, summarily sentenced Sunday after he pleaded guilty to the charge.
Bokkos, however, gave the convict an option to pay N30,000 and a compensation of N100,000 to the complainant.
The magistrate held that the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecutor, Insp Labaran Ahmed, told the court that the case was reported on March 19, at the “B” Police station Bukuru by one Stephen Dung, the complainant.
The prosecutor alleged that the convict had trespassed into a mechanic workshop and stole the gearbox.
He told the court that the convict was however, apprehended at the point of his wanting to sell the stolen item.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
A Jos Magistrates’ Court on Wednesday sentenced a 29-year-old security guard, Harow Mali to three months imprisonment for stealing 25 litres of diesel.
The Judge, Shawomi Bokkos, summarily sentenced Mali after he pleaded guilty.
Bokkos, however, gave the convict an option to pay N10,000 fine.
The judge said the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecution Counsel, Insp Labaran Ahmed told the court that the case was reported on March 20, at the “A” Police station Jos by one Yab Sunday, the complainant.
The prosecutor said the convict was caught with the 25 litres of diesel by the Police.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
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