The Federal High Court, Abuja Division, on Thursday granted Malabu Oil & Gas Limited leave to apply for judicial review by way of declarations and injunctions against the executive action of the federal government in splitting its oil prospecting licence (OPL 245).
In a ruling, Justice Mohammed Umar held that the ex parte motion, moved by the company’s lawyer, Reuben Atabo, SAN, in respect of the relief sought, was meritorious.
Justice Umar, who took particular notice of some paragraphs in the affidavit attached to the motion, said the court was satisfied by the depositions.
The judge then adjourned the matter until June 11 to enable Malabu to file and serve the originating summons regarding the prayers sought.
Malabu had, in the suit marked: FHC/ABJ/CS/871/2026, named the president, the Attorney-General of the Federation (AGF) and the Minister of Petroleum Resources as first to third respondents, respectively.
The company had alleged that the government split OPL 245 into four separate assets and subsequently reallocated them to Shell Nigeria Ultra-Deep Limited, Shell Nigeria Exploration and Production Company Ltd, Nigerian Agip Exploration Company Ltd, and Nigerian National Petroleum Company (NNPC) Limited.
It said the reallocation was through the OPL 245 Resolution Agreement executed on or about March 5.
It further alleged that this was done without the consent of the company’s directors.