A Federal High Court sitting in Port Harcourt, Rivers State, has dismissed an application by General Hydrocarbons, an energy firm, requesting the court to serve the orders of the court on the parties to a lawsuit involving First Bank of Nigeria Limited over the seizure of a crude oil cargo.
Nduka Obaigbena, the chairman of THISDAY Group, owns General Hydrocarbons.
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Justice E.A. Obile, according to court papers seen by PREMIUM TIMES, refused the order sought on 7 May 2025 on the ground that the appeal in the matter has been entered at the court of appeal. As such, the court lacks the jurisdiction to consider General Hydrocarbons’ request.
On 2 May 2025, General Hydrocarbons, through a motion ex parte, asked the court for an order serving the ruling made by the Port Harcourt court on 25 March 2025, dismissing the current suit and discharging the order of 9 January 2025 to arrest the oil cargo on board the FPSO vessel Tamara Tokoni, on the parties to the suit.
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The parties include the appropriate authorities directed to assist the admiralty marshal in enforcing the said order: the Nigerian Navy, the Nigerian Upstream Regulatory Commission, the Nigerian Maritime Administration and Safety Agency, and the Harbour Master of the Nigerian Ports Authority.
The company also requested that the order made by the court on 29 April 2025, laying aside First Bank’s application for injunction pending appeal, be served on the above parties.
It further demanded that the deputy chief registrar serve the two orders on the parties to the suit.
In March 2025, following General Hydrocarbons’ applications to dismiss the order of arrest issued on 9 January 2025 and to set aside the suit on the ground that it is an abuse of court process, the Port Harcourt court dismissed the suit and laid aside the order of arrest primarily on the ground of the plaintiff’s abuse of court process.
The court asked the deputy chief registrar to serve the court order issued on 25 March 2025, discharging the order of arrest, including the court order made on 29 April.
But on 7 May 2025, the court dismissed an ex parte application on service brought by General Hydrocarbons, meaning that the seized oil cargo remains effectively detained.
Background
First Bank and FBN Quest Trustees on 27 December 2024 sought an order of Mareva injunction from the Federal High Court, Lagos, in respect of a total claim of $225.8 million, which was the alleged outstanding indebtedness on General Hydrocarbons’ account with First Bank as of 30 September 2024.
The court had granted the order prohibiting all commercial banks in Nigeria from releasing or dealing in all monies and assets up to $225.8 million due to Mr Obaigbena from any account he maintained.
The court also blocked all commercial banks from releasing or dealing in all monies and assets up to the said amount belonging to Efe Damilola Obaigbena, Olabisi Eka Obaigbena, and General Hydrocarbons Limited, of which all three are directors and shareholders.
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Another order forbidding the banks from dealing in or releasing such monies and assets due to the company, its agents, privies, subsidiaries and sister companies with the banks up to the same sum was granted.
In reaction, General Hydrocarbons and some defendants asked the court to cancel the order, arguing that the court was misled in granting it in the first place.
The company claimed First Bank and FBN Quest Limited secured the order through fraudulent misrepresentation and concealment of material facts.
In January 2025, the Lagos court reversed the Mareva injunction order, ruling that it contravened an existing order from a court of concurrent jurisdiction.
In February, First Bank issued a statement saying it had appealed against the discharge of the Mareva order against General Hydrocarbons, adding that it had also applied for an injunction and/or suspension of the order pending the appeal’s determination.
The bank filed an appeal against the Federal High Court, Port Harcourt’s decision to dismiss the suit it had initiated against the energy firm.
The lender noted in a statement that the court held that the matter is not a maritime claim but rather a debt recovery case.
It expressed dismay at the court’s declaration that the arrest order against the cargo on the FPSO expired within 14 days of its issuance, considering that it was ex parte.
It insisted that the crude oil cargoes on the FPSO Tamara Tokoni belonging to General Hydrocarbons remain arrested.
Given its dissatisfaction with the court’s ruling, the bank appealed against the decision. Likewise, First Bank said it filed an appeal against General Hydrocarbons.
“While First Bank has great respect for the courts, it strongly disagrees with the ruling, which, in our view, constitutes a miscarriage of justice,” the statement said.
SUMMARY OF THE LATEST UPDATE IN THE CASE
In a latest development in the ongoing legal battle between First bank of Nigeria Limited and General Hydrocarbons Limited over the arrest and detention of the Cargo of Crude Oil on board FPSO Tamara Tokoni, General Hydrocarbons Limited filed a motion ex parte praying the court to compel the Deputy Chief Registrar of the Federal High Court Port Harcourt to serve the orders of court on the parties to the suit including the Nigerian Navy, NUPRC, NIMASA and the Harbour Master of the NPA.
The Federal High Court sitting in Port Harcourt on the 7 May 2025, while determining the said motion ex parte filed by General Hydrocarbons Limited, held that the Court is functus officio in view of the fact that the appeal in the matter has been entered at the Court of Appeal and as such, the court lacks jurisdiction to entertain the General Hydrocarbons motion ex parte. Consequently, the court found that the application filed by General Hydrocarbons Limited lacks merit and dismissed same.
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