Court orders Agip MD to appear April 27
A Federal High Court in Port Harcourt has granted leave to Arco Group Plc to serve notice of consequences of disobedience to order of the court to the Managing Director of the Nigerian Agip Oil Company Limited (NAOCL), Mr. Insula Massimo through substituted means.
The court also ordered the respondents to appear in court on Monday April 27, 2015 to show cause why the order sought shall not be granted.
The court said the notice, which is known as Form 48 be published in two national dailies, namely, The Guardian and Thisday Newspapers. It also ordered that same be pasted at the head office of Plantgeria Company Limited, which is at Plot 278, Trans Amadi Industrial Layout, Port Harcourt, Rivers State.
The trial judge, Lambo Akanbi also said: “Leave be and is hereby granted to the applicant to serve the notice of consequences of disobedience to order of court (form 48) and all other subsequent processes on the managing director of Plantgeria Company Limited by substituted means.”
The order emanated from a suit filed by Arco against Nigerian Agip Oil Company Limited, Nigeria National Petroleum Corporation (NNPC), Conoco Philips Petroleum Nigeria Limited and National Petroleum Investment Management Services (NAPIMS) over alleged violation of a section of the Nigeria Oil and Gas Industry Content Development Act, 2010.
According to an affidavit of facts showing disobedience by first defendant of order of injunction made on February 3, 2015 deposed to by the plaintiffs team leader in OB/OB Kwale and Ebocha, Pius Onodjohwo, the first defendant is in alleged defiance of the said court injunction restraining them from awarding contract to any organisation pending the determination of plaintiffs motion on notice for interlocutory injunction.
He said the respondent awarded the contract to Plantgeria Nigeria Limited to maintain the gas plants and equipment, which are the subject matter of the suit.
Onodjohwo in the 12 paragraph affidavit said the contract award facilitated the entry of Plantgeria Nigeria Limited’s staff on March 13 into the premises of the gas plants for the purposes of taking inventory and familiarisation in preparation to removing the plaintiff from the sites.
“I made discreet inquiry as to the reason for the visit and found out that the first defendant had awarded the said contract subject matter in this suit to Plantgeria in blatant defiance of the restraining order of this honourable court.
“I wrote memo to plantiff’s managing director on March 17, to report the events enumerated above. I am informed by our senior learned counsel, B.E.I. Nwofor, SAN, at his law chambers on March 20 and I verily believe him that by deliberately violating the restraining order made by this court, the first defendant’s intention is to emasculate the court and to render its orders useless and nugatory,” he swore.
The court had earlier granted a restraining injunction against the award of contract in the disputed plants.
The judge said: “An order of interim injunction restraining the defendants and their agents servants, workers, contractors, privies and howsoever from awarding or taking any step or steps to award to any person, company or firm except to the plaintiffs company any contract. .
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