Emmanuel Ukudolo
Nigeria, Oct 24, 2016 – A Federal High Court sitting in Ikoyi, Lagos today aborted attempt to bar journalists from covering proceeding of a case involving the Nigerian government and multinational oil company, Total E&P Nigeria Plc.
The Federal Government had sued the company for under-declaration of the volume of crude oil it shipped out of Nigeria between January 2011 and December 2014.
The company was alleged to have short-changed Nigeria to the tune of $245,258,640 after shipping several barrels of crude oil out of the country without making due remittance to government.
Counsel to Total E&P Nigeria, Mr. Babatunde Fagbohunlu (SAN), who was miffed by the level of reportage and its negative impact on his client had filed an application, urging the court to bar journalists from covering and reporting the proceedings.
He told the court that media reports made it appear as if his client had already been found guilty of allegations levelled by the Federal Government and that media reports were pre-judging the case.
However, her Lordship, Justice Mojisola Olatoregun in her wisdom, dismissed the application, stating that she couldn’t bar journalists from performing their legal and constitutional duty in court.
According to her, the court is nothing but a public place open to journalists. She however cautioned journalists to be accurate in their reportage.
Similarly, Justice Olatoregun also granted an application by the Federal Government to amend its pleadings in the case.
“I have gone through the affidavit and the counter-affidavit in same to front-load new facts for an amendment of originating process.
“The prayer of the plaintiff was to amend pleadings and same was disclosed as being urgent. The defendants failed to disclose any injury they will suffer if this application is granted.
“I find merit in granting this application to amend the process and the list of witnesses. This must be filed within 14 days from today. The defendants are at liberty to file consequential amendment if they choose to do so, ” she ruled and adjourned the matter till January 16, 2017.
Nigerian government’s statements of claims were backed up with affidavits deposed to by three US based experts – Prof. David Olowokere, a US citizen and Lead Analyst at Loumos Group LLC, a technology and oil and gas auditing firm based in the US; Jerome Stanley, a counsel in the law firm of Henchy & Hackenberg; and Micheal Kanko, founder and Chief Executive Officer, Trade Data Services Company, State of Arizona, US.
According to the deponents, about 57 million barrels of crude oil were illegally exported by the defendant and sold to buyers in the US between January 2011 and December 2014 without making due remittance to the Nigerian Government.
They added that Total allegedly shipped out 968,784 barrels of crude oil, valued at $106,566, 240, using a vessel named, TRIATHLON with a bill of landing numbered, TCVMTRIATIA 1388, and failed to declare same to the relevant government agency.
They averred that the crude oil was sold to Tostsa Total oil Trading SA of San Felipe Plaza-Suite 2100,5847SAN FELIPE, 770557-HOUSTON, US at the port of Philadelphia, Pennsylvania.
They argued that about 491,850 barrels of crude oil, valued at $54,103,500, was allegedly shipped out without making remittance to the government and that the crude oil was shipped out with a vessel named NORTH STAR, with a bill of lading marked, DROESVD23091101, and sold to BP Products North America of 501 Westlake Park Boulvard, Houston, TX 77079 United States, at port of Texas City.
They also cited two other different occasions where 768,990 barrels of crude oil, valued at $84,588,910 was loaded on a vessel named AUTHENTIC with bills of lading marked, ALMYSVDM17041101 and17041102, and allegedly sold to Socap International Limited of Cannon’s Court, 22 Victoria Street, Hamilton, HM12.Bermuda at the port of Chester Pennsylvanian, United States, without making due remittance to the government.
The government alleged that the oil company bypassed the pre-shipment agents appointed by the Central Bank of Nigeria to inspect crude oil shipments, leading to the failure of the shipment records to be deposited at the Ministry of Finance.
The Nigerian government claimed to have uncovered the illegality using high-technology system, including satellite tracking systems, which were deployed by its consultants.
The Federal Government is seeking a court order, compelling Total E&P Nigeria Plc to pay it $245,258,640, “being the total value of the missing revenues from the shortfall /under-declared/undeclared crude oil shipments of the Federal Government of Nigeria.”
The Federal Government wants 21 per cent interest per annum on the sum till final liquidation.
The Federal Government is also seeking general damages in the sum of $245,258,640 from Total E&P Nigeria Plc.
