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NORTH - SOUTH PETROLEUM NIGERIA LTD. V. FEDERAL GOVERNMENT OF NIGERIA CHIEF OLUSEGUN OBASANJO (President of the Fed. Republic of Nigeria) ALHAJI RILWAN LUKMAN Special Adviser on Petroleum Resources DR. ABOKI ZHAWA Permanent Secretary on Petroleum Resources MR. W. F. DUBLIN-GREEN Director, Department of Petroleum Resources DR. CHRISTOPHER KOLADE (Chairman, Presidential Panel on the Review of Contracts, Appointments & Licenses) ATTORNEY-GENERAL OF THE FEDERATION & MINISTER OF JUSTICE

(2002) JELR 57723 (CA)

Court of Appeal  •  CA/A/95/2000  •  21 Mar 2002  •  Nigeria

Coram
DAHIRU MUSDAPHER JCA (Presided) MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA ZAINAB A. BULKACHUWA JCA (Read the Lead Judgment)

Judgement

BULKACHUWA JCA (Delivering the Lead Judgment): The appellant as plaintiff commenced this action by an originating summons, dated 13th March, 2001, before the Federal High Court, Abuja, whereby he was seeking the determination of the following issues:- Whether the agreement in writing contained in letters from the plaintiff to the 1st defendant dated 22nd April, 1999; 18th May, 1999; and 27th May, 1999; from the 1st defendant to the plaintiff dated 16th July, 1998; 13th May, 1999 and 14th June, 1999, by virtue of which the 1st defendant did allocate to the plaintiff a discretionary allocation of Oil Prospecting Licence in respect of OPL 326 constituted a valid contract between the plaintiff and the 1st defendant. Whether the discretionary allocation of OPL326 made by the 1st defendant to the plaintiff on May 13, 1999, was made in accordance with the provisions of the appropriate law namely the Petroleum Act, 1969, (Cap 350) Laws of Nigeria, 1990.

Whether the 2nd defendant has the righ…

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