A Federal High Court, Lagos, yesterday vacated its interim ex-parte order, which restrained a Briton, Mr. Roger Thompson Brown, from his position as Chief Executive Officer (CEO) of Seplat Energy Plc.

Justice Chukwuejekwu Aneke reinstated Brown as CEO in a ruling on applications filed by four respondents comprising Seplat Energy Plc, Brown, Mr. Basil Omiyi and persons affected by the ex-parte orders in suit marked FHC/L/402/2023.

The court held that by Order 26 Rules 9 and 10 of the Federal High Court Civil Procedure Rules 2019, its interim orders of March 8, 2023 “are hereby discharged and vacated.”

The court also refused the petitioners’ request to move their application for joinder. Justice Aneke noted that since counsel to all the respondents were opposed to hearing of the application, the petitioner’s request could not be accommodated.

In his ruling, Justice Aneke noted that the petitioners had in their application alleged that the affairs of Seplat were being conducted in a manner that was illegal, oppressive and unfairly prejudicial to their interests.

The judge held: “I find as a fact that the petitioners’ grouse can adequately be accommodated under the provisions of Section 354 of the Companies and Allied Matters Act (CAMA), which falls within the jurisdiction of the court.

“I find and hold that the petitioners have locus standi to bring the petition before the court. Furthermore, the court has jurisdiction to adjudicate the suit as it falls within the provision of Section 251 of the Constitution.

“However, by virtue of Order 26 Rules 9 and 10 of the Federal High Court Civil Procedure Rules 2019, the interim orders of the court made on March 8, 2023 are hereby discharged and vacated.”

Justice Aneke thereafter adjourned till May 16, 2023 for an accelerated hearing. The court had on March 8, 2023, restrained Brown from parading himself as CEO pending the determination of the suit filed against him by some aggrieved stakeholders of the company over allegations of racism, favouring of expatriate workers, discrimination against Nigerians, and breach of good governance.

Justice Aneke made the orders while ruling on a motion ex- parte, filed by J. C. Njikonye, on behalf of some aggrieved stakeholders of Seplat – Moses Igbrude, Sarat Kudaisi, Kenneth Nnabike, Ajani Abidoye, and Robert Ibekwe, against the respondents.

But the respondents in their various applications prayed the court to set aside the ex-parte orders, contending that the petitioners lacked locus standi to file the suit.

They also challenged the court’s jurisdiction to entertain the suit on grounds that the complaints of the petitioners fell under the exclusive jurisdiction of the National Industrial Court of Nigeria (NICN).

Besides, they contended that the interim orders were granted against persons that were not parties to the suit, and that the petitioners lacked locus standi to file the suit.

Specifically, counsel to Seplat, Mr. Bode Olanipekun (SAN), submitted that the interim orders of the court had elapsed with time.