Malabu Oil & Gas Limited has sought the leave of the Supreme Court to appeal against the judgement of the Court of Appeal in Abuja, delivered in favour of Nigerian Agip Exploration Ltd.
The company, in a motion on notice marked:: SC/ML/356/2025 and filed by its lawyer, Reuben Ataba, SAN, sought an order for an enlargement of time within which it may seek leave to appeal against the judgment delivered on May 23 by the appellate court.
It also sought an order granting extension of time to the applicant (company) within which to file the notice and grounds of appeal against the judgment in appeal number: CA/ABJ/CV/53/2021 between Nigerian Agip Ltd Vs. Malabu and five others, among other four prayers.
Malabu, in the motion on notice, sued Nigerian Agip Exploration Ltd, the Federal Government of Nigeria and the Minister of Petroleum Resources as 1st to 3rd respondents.
The company also named Shell Nigeria Ultra-Deep Limited, Shell Nigeria Exploration and Production Company Ltd and Chief Dan Etete respectively as 4th to 6th respondents in the motion.
Giving seven grounds why the application should be granted, the senior lawyer said that the 1st respondent (Agip) filed an appeal number: CA/ABJ/CV/53/2021 against the interlocutory decision/ruling of the Federal High Court (FHC) of Nigeria sitting in Abuja, delivered on Dec. 22, 2020.
Atabo said the FHC suit was marked: FHC/ABJ/CS/201/2012 between Malabu Oil and Gas Lid Vs. Federal Government of Nigeria and 6 others.
He said the Appeal Court judgement was delivered on May 23, wherein the Malabu’s preliminary objection was dismissed and Agip’s appeal upheld.
He said the appellate court then proceeded to overturn the ruling of the trial court (FHC), dismissed the preliminary objection of Malabu and further dismissed the main suit of the company before the trial court, after holding that the mode of commencement of the same was wrong.
Atabo said Malabu filed an application on June 4 at the Court of Appeal to appeal the decision on the grounds of mixed law and facts as well as to raise fresh issues on appeal.
The lawyer, however, said that before the application could be heard, the time provided by the rules within which to seek leave to appeal had elapsed.
In the affidavit attached to the motion which was deposed to by Alhaji Mohammed Sani Abacha, a director in Malabu Oil & Gas Ltd, he averred that the certified true copy of the judgment was not given to them until June 4.
“That judicial staff of the court below embarked on a strike action on Monday, the 2nd day of June, 2025, which extended to the 3rd day of June, 2025 before same was called off.
“That the applicant (Malabu) had fourteen days (14) within which to seek and
obtain leave of the court below before filing a competent notice of appeal.
“That before the court below fixed a date for the hearing of the applicant’s application, the time allowed by the rules of the court below for the application for leave to be heard and determined had elapsed.
“That after the expiration of the time allowed by the rules of court to seek and obtain leave had expired, the lower court no longer has jurisdiction to entertain the applicant’s application,” he said.
Mohammed said it was not deliberate that the application before the Appeal Court could not be moved.
According to him, the applicant is aggrieved by the judgement of the court below delivered on the 23rd day of May, 2025, and it is therefore desirous of appealing against the same to this honourable court.
