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

(2002) JELR 53326 (CA)

Court of Appeal  •  CA/A/32/2001  •  25 Apr 2002  •  Nigeria

Coram
DAHIRU MUSDAPHER, JCA (Presided) MOHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, JCA ALBERT GBADEBO ODUYEMI, JCA (Read the Lead Judgment)

Appearances
Miss O. O. Bello (with her, O. A. Falade, Esq.) - for the Appellant. -*- T. E. Williams, Esq. (with him, Mrs. F. Gambari Mohammed) - for B -*- the 1st Respondent.

Judgement

ODUYEMI, JCA (Delivering the Lead Judgment): By an originating summons filed at the Registry of The Federal High Court, Abuja Judicial Division on 6th September, 2000, the applicant sought for the determination of the following claims:-

“(1) A declaration that the purported acquisition by the Federal Government of 40% out of Famfa’s 60% interest in the claimant’s Oil Producing Licence (OPL 216) is illegal, unconstitutional and void and of no legal consequence whatsoever and as such, is not capable of divesting from Famfa the said 40% of its participating interest in OPL 216 or any interest whatsoever thereon and cannot confer my right or interest therein in the Nigerian National Petroleum Corporation;

(2) An order of perpetual injunction restraining the Nigerian National Petroleum Corporation from claiming or exercising any right in or over the present interest of the claimant in the said OPL 216 or any portion thereof;

In the alternative, an order directing an enquiry into the amount of…

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