The Federal High Court sitting in Port Harcourt, Rivers State, has granted a Mareva injunction restraining Fairmont Petroleum Limited from withdrawing, transferring or dissipating funds in its bank accounts over an alleged debt of $274,620 USD and N256,976,600 million owed to PP Energy Suppliers Limited.
Justice Phoebe M. Ayua made the order in suit marked FHC/PH/CS/157/2026, following an ex parte application filed by ThankGod E. Nwugha Esq, lawyer to PP Energy Suppliers Limited against Fairmont Petroleum Limited.
In the motion Exparte, the plaintiff/applicant sought an order restraining the defendant, from withdrawing or tampering with funds in its bank accounts up to the value of the alleged indebtedness, pending the hearing and determination of its Motion on Notice.
The company had also asked the court to restrain Fairmont Petroleum from dealing with, transferring, selling or otherwise dissipating its movable and immovable assets, shares and funds held in any financial institution.
The plaintiff further sought an order directing all banks in Nigeria to disclose, on oath, the sums standing to the credit of Fairmont Petroleum within seven days of being served with the order.
In urging the court to grant the prayers, the plaintiff counsel, ThankGod Nwugha Esq, had told the court that the outstanding sums represented hire charges allegedly accruing from the use of its vessel, MV Ocean Lady Tiana, for mooring, pushing and towing Fairmont Petroleum’s marine equipment, as well as other professional services.
Nwugha further informed the court that his client rendered the services from 777 Jetty, Port Harcourt, to Fairmont Petroleum’s operational base at Cawthorne Channel 1 and Bonny Anchorage, within the Port Harcourt coastal waters and territorial waters of Nigeria.
The plaintiff/applicant also told the court that the motion Exparte was pursuant to Sections 251(1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Sections 2(3) (F) and (1) of the Admiralty Jurisdiction Act, Order 1 and 21, Rule 9 of the Admiralty Jurisdiction Procedure Rules, 2023; Order 26 Rules 1 and 2; Order 28 Rule 1(1) and Order 30 of the Federal High Court (Civil Procedure) Rules, 2019, and under the court’s inherent jurisdiction.
After considering the affidavit of urgency, affidavit in support of the Motion Ex Parte deposed to by one Patric Otuya, and submissions of ThankGod E. Nwugha, who led the duo of H. Aigbiremolen and N. C . Kanu Esq. for the Applicant, Justice Ayua granted the Mareva injunction.
Specifically, Justice Ayua also made the following orders: “An Order of Mereva injunction of this Honourable Court is made restraining the Defendant from withdrawing, tampering with or otherwise dissipate the funds in its bank accounts in any bank or other financial institutions within Nigeria up to the sum of $274,620.00 USD (Two Hundred and Seventy Four Thousand, Six Hundred and Twenty United States Dollars) only and the sum of N256,976,600 (Two Hundred and Fifty Six Million, Nine Hundred and Seventy-SixThousand, Six Hundred Naira) only respectively, being the outstanding Hire sum accruable to the Plaintiff vessel MV Ocean Lady Tiana for the purpose of Mooring, pasting and towing the Defendant’s Marine Equipment and other Professional services rendered from 777 Jetty Port Harcourt to the Defendant’s base of operation of Cawthorne Channel 1 and Bonny Anchorage, Port Harcourt Coastal Waters, within the territorial Waters of Nigeria, within the jurisdiction of this Honourable Court, pending the hearing and determination of the Motion on Notice.
“An Order of this Honourable Court for Mereva Injunction is made restraining the Defendant from dealing with dissipating, transferring, selling or however tampering with any assets (be it moveable or immovable), shares, funds in any Financial institution, (hewsoever described) pending the hearing and determination of the Motion on Notice.
“An order of this Honourable Court is made directing the Plaintiff/Applicant to serve the Defendant the Summons Ex-parte Order, made today, the Writ of Summons, together with the Motion on Notice ahd the Order of Mereva Injunction before the next adjournment date, fixed for the 30th day of September, 2026, for hearing of the Motion on Notice.
“Hearing Notice shall be issued and served on the defendant/respondent before the next date of adjournment.”