The Appeal Court, Abuja, on Tuesday fixed April 9, 2025, for hearing of an appeal filed by the Nigerian Agip Exploration Limited against Malabu Oil and Gas Limited over the Oil Prospecting License (OPL) 245 dispute.
A three-member panel headed by Justice Okon Abang adjourned the case after lawyer to the appellant, Inyene Robert, moved a motion to regularise their processes and it was granted by the court.
Robert told the court that though their notice of appeal was filed within time, the record of appeal was not transmitted within time.
The lawyer said a motion for extension of time to bring the record of appeal had been filed.
She equally filed a motion dated November 22 for the appellant’s brief to be deemed as properly filed.
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Justice Abang also granted the application after it was not opposed by Malabu counsel, Dr. Reuben Atabo (SAN).
The appeal was on a December 22, 2020 judgment delivered in favour of Malabu by Justice Binta Nyako of the Federal High Court, Abuja in suit number: FHC/ABJ/CS/201/2017.
In the ruling, Justice Nyako dismissed Agip’s preliminary objection dated April 21, 2017.
Dissatisfied with the ruling, the company approached the appeal court to set it aside.
It listed Malabu, Federal Government, the Minister of Petroleum Resources, Shell Nigeria Ultra-Deep Limited, Shell Nigeria Exploration and Production Company Limited and Chief Dan Etete as respondents in the appeal.
In its four grounds of argument, Agip said the lower court failure to resolve the issues amounted to a breach of its constitutional right to fair hearing and a miscarriage of justice.
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