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NIGERIAN NATIONAL PETROLEUM CORPORATION & HON. ATTORNEY GENERAL OF THE FEDERATION V. FAMFA OIL LIMITED

(2012) JELR 35245 (SC)

Supreme Court  •  SC.71/2008 (Consolidated)  •  4 May 2012  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC IBRAHIM TANKO MUHAMMAD JSC OLUFUNLOLA OYELOLA ADEKEYE JSC BODE RHODES-VIVOUR JSC NWALI SYLVESTER NGWUTA JSC

Appearances
Alhaji Ibrahim, SAN with him: R. Ogunneso, SAN A. Oyeyipo O. Balogun (Miss)O. AdegboyegaS. SuleTaiwo Abe with him K. Osuji for the 2nd Appellant/2nd Cross-respondent. B.A. M. Fasaun, SAN with him O.M. Bodunde For Respondent.

Judgement

BODE RHODES-VIVOUR, J.S.C.(Delivering the Leading Judgment): The respondent as plaintiff took out an originating summons against the appellants, (the defendants) claiming the following reliefs:

1. A declaration that the President, Vice President or Officers in the Public Service at the Federation cannot grant any Oil Prospecting License (OPL) or any Oil Mining Lease (OML) or any interest whatsoever in respect of any Minerals, Minerals oils and natural gas in, under or upon the territorial waters and Exclusive Economic Zone of Nigeria to any person or persons except under and in accordance with the provisions of the Petroleum Act Cap. P.10 or the Laws of the Federal Republic of Nigeria, more particularly Section 2(1)(a)(b) and (c) as well as Section 2(3).

2. A declaration that by virtue of paragraph 8 of the first Schedule to the Petroleum Act, the first respondent cannot grant an Oil Mining Lease to any other person or persons except the holder of an Oil Prospecting Licence.

3. A declara…

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