The Supreme Court on Monday could not hear the appeal in the case involving Brittania-U Nigeria Limited and Chevron Nigeria Limited, as the apex court stated that the appeal cannot be heard when the issue in litigation before the court had allegedly been disposed off by the respondent during the pendency of the appeal, This Day reports.
When the case was called, counsel to all the parties were in court but the main appeal was not heard because of the alleged developments after the last adjourned date, which was February 24, 2015.
Rickey Tarfa (SAN), the appellant’s (Brittania U) counsel informed the court that they were compelled to file a motion on March 19, 2015 for a mandatory restorative order to reverse overreaching steps allegedly taken by Chevron and Seplat to get the Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke to consent to the divestment of Chevron’s 40 per cent interest in Oil Mining Leases (OMLs) 53 and 55 , despite the appeal that was pending in court.
The court after going through the motion decided that the appeal would be stepped down until the court disposes of the motion seeking mandatory restorative orders sought by the appellant.
At this stage, the respondent’s (Chevron) counsel, Uche Nwokedi (SAN) said they were served with further affidavits in respect of the mandatory restorative orders on March 20, 2015 and that they needed time to respond to them. The court granted the respondents 10 days to file their counter affidavits to the appellant’s motion for mandatory restorative order and further affidavits in support.
The court also ordered parties to file and exchange written addresses within 14 days intervals in respect of the motion and adjourned hearing to May 18, 2015.
Source: Energy Mix