The respondent as plaintiff took out an originating summons against the appellants, (the defendants) claiming the following reliefs:
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1
A declaration that the President Vice President or Officers in the Public Service of the Federation cannot grant any Oil Prospecting License (OPL) or any Oil Mining lease (OML) or any interest whatsoever in respect of any minerals, Mineral 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 of the Laws of the Federal Republic of Nigeria, more particularly Section 2(1) (a) (b) and (c) as well as Section 2 (3).
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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 License.
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3
A declaration that the President, Vice President or Officers in the Public Service of the Federation cannot acquire any interest in an Oil Prospecting License (OPL) or Oil Mining Lease (OML) except under and in accordance with the provisions of:-
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4
A declaration that the purported acquisition of 50% of the applicants interest or any interest whatsoever in OML 127 in as much as it was not done in compliance with the provisions of the law and the Constitution as stated above is illegal, unconstitutional, null and void and cannot confer any interest whatsoever in OML 127 in the second respondent (that is due process of the law must be followed).
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5
A perpetual injunction restraining the second respondent, its assigns, servants, privies, subsidiaries, whatsoever, howsoever, whomsoever from exercising any right in the said OML 127 or any part or portion thereof.
Adah, J of the Federal High Court, Abuja Division presided. At the end of the trial which was on affidavits and documentary evidence the learned trial Judge held that the acquisition of 50% of the plaintiffs interest in OML 127 was done in compliance with the provisions of the law and the Constitution.
Dissatisfied with this judgment, the respondent filed an appeal. The appeal was heard in the Court of Appeal, Abuja Division. That court allowed the appeal, and set aside the judgment of the trial court. The following orders were made:
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1
The compulsory and arbitrary acquisition of the interest of the appellant by the 2nd respondent as outlined in letters of acquisition dated 27th January, 2005 and 19th April, 2005 is hereby declared illegal, unlawful, wrongful and thus null and void.
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2
It is hereby declared that the purported acquisition of 50% of the appellants interest in OML 127 in as much as it was not done in compliance with the provisions of the law paragraph 35 of Cap 10 of the LFN 2004 and the Constitution is illegal, unconstitutional, null and void and cannot confer any interest whatsoever in OML 127 in the 2nd respondent without due process of the Law.
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3
An order is hereby made directing the 2nd respondent to return to the appellant all his interest in OML 127 illegally acquired.
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4
An injunction is hereby granted restraining the 2nd respondent, its assigns, servants, privies, subsidiaries, whomsoever from interfering with the rights of the appellant in the said OML 127.
This appeal is against that judgment.
Whether the acquisition of 50% interest in OML 127 by the Federal Government...
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