A statement by the company’s Board Chairman, Mr Basil Omiyi confirmed the development following the decision of a Federal High Court in Abuja to adjourn the restraining injunction being sort by some shareholders. The suit Boniface Okezie and Seplat Energy PLC has been adjourned to 31st May.
According to the statement by Seplat Energy PLC, Justice Inyang Ekwo ordered that all the respondents should be served before the matter could be taken. “All parties were represented except the 10th respondent”, the statement also read.
Seplat said that the “Federal High Court declined to accede to the request by Okezie and four other alleged shareholders of Seplat Energy PLC who filed Suit No. FHC/ABJ/PET/8/2023 seeking an ex-parte interim order to restrain Seplat from holding its Annual General Meeting (AGM) scheduled for Wednesday 10th May 2023. The court adjourned hearing on the petitions filed by the petitioners to 31st May 2023. The meeting would therefore hold as planned”.
According to the statement, Seplat had “refuted all allegations made in the petitions which, given their almost identical wording to a separate petition filed at the Federal High Court in Lagos, have been described as clearly being part of an orchestrated attempt to damage the company in response to its efforts to improve corporate governance by eliminating related party transactions and implementing other governance initiatives.
“The presiding judge Hon. Justice Inyang Ekwo ordered that all the respondents should be served before the matter could be taken. All parties were represented except the 10th respondent (the Corporate Affairs Commission)”.
The suit before Justice Ekwo was brought by Okezie, Bon. Bright Nwabuogwu, John Isesele, Okonkwo Timothy, and Augustine Ezechukwu against Seplat Energy PLC; its CEO, Mr. Roger Brown; Board Chairman, Mr. Basil Omiyi; as well as Independent Non-Executive Directors of the company, Dr. Charles Okeahialam, Prof. Fabian Ajogwu, Rabiu Bello, Mrs. Bashirat Odenewu, Emma Fitzgerald; Company Secretary/Legal Adviser, Mrs. Edith Onwuchekwa, and the CAC.
According to Seplat’s statement, all the parties except the Seplat Energy PLC informed the court that they had not been served, as ordered by the court. “The first respondent also informed the court that they have filed an affidavit to show cause and a preliminary objection on jurisdiction and the fact that a similar petition is pending at the Federal High Court in Lagos”, the company further said.
The statement continued: “The court ordered that the right thing should be done and that the 10th respondent (CAC) should be served against the next hearing date.
“The attempt by the counsel to the petitioners to get the court to halt the AGM was opposed by each of the counsel for the Respondents. After listening to Kalu Onuoha, Esq. Counsel for the Petitioners; Wole Olanipekun, SAN, Counsel for Seplat; Matthew Burka, SAN, of Counsel for Roger Brown (who held brief of Dr. Hassan Liman, SAN) of Counsel for Rabiu Bello and Emma Fitzgerald; Uzoma Azikiwe, SAN, of Counsel for Basil Omiyi; O.A. Omonuwa, SAN, of Counsel for Dr. Charles Okeahialam and Prof. Fabian Ajogwu; and Prof. Taiwo Osipitan, SAN, of Counsel for Mrs. Bashirat Odenewu and Mrs. Edith Onwuchekwa, Justice Ekwo ruled that: “Parties are hereby ordered not to tamper with the res until issues are resolved”.
Seplat also said that a “Federal High Court in Abuja has struck out the criminal charge brought by the Nigeria Immigration Service against the company and some of its officers, adding that the court has fully discharged all named defendants. The charge was filed earlier by the Nigeria Immigration Service on 20th April 2023 (RNS Number: 9385W). It was in relation to the immigration status of Seplat’s Chief Executive Officer, Mr. Roger Brown and the withdrawal of his immigration visa by the Ministry of Interior.
“The company had previously announced that it has submitted all required documentation to the immigration authorities and continues to cooperate with them”.
