Interference: Court Throws Out Duport Energy Company's Application

Justice Nicholas Oweibo of a Federal High Court, Ikoyi, Lagos, on Monday, dismantled an application instituted by a firm, Duport Energy Company, which is seeking to set aside an interim order restraining Chief MKO Abiola’s daughters, Mrs Mobolaji Kuku, Dr Wuraola Abiola and two (2) of the Directors, from interfering in any way whatsoever in the day to day running of the Duport Midstream Company Ltd.

Delivering his ruling, Justice Oweibo insisted that there was no urgency to hear the application when the court is on vacation.

Before this time, a sister court, presided over by Justice Ambrose Lewis-Allagoa, had restrained Dr Wuraola Abiola and 3 Directors of Duport Midstream Company from interfering in the day-to-day running of the company.

The decision of the court came consequent upon a Motion Ex-parte dated and filed on April 25, 2023, before the court.

The affected Directors are Oluwatosin Odusanya, Mobolaji Kuku and Oladipo Adeniyi.

Justice Allagoa had ordered thus: "That an Order of Interim Injunction is granted, restraining the 2nd to 5th respondents, their agents, servants, privies, representatives or any person whosoever acting on their behalf from interfering in any way whatsoever in the day to day running of the plaintiff/applicant, pending the hearing and determination of the Motion on Notice. 

“That an Order of Interim Injunction is granted, restraining the 2nd to 5th Respondents, their agents, servants, privies, representatives or any person whosoever acting on their behalf from interfering in any way whatsoever in the day-to-day running of the plaintiff/applicant, pending the hearing and determination of the Motion on Notice”.

However, not satisfied, Duport Energy approached the court to set aside the order during vacation.

But in declining the application, Justice Oweibo insisted that there was no urgency to set aside the matter during court vacation.

The case was adjourned until August 24, 2023, to entertain Duport Midstream's application to hear contempt proceedings during vacation.

In a sister case, earlier, Justice Oweibo had set aside an Ex-parte Order obtained by Duport Energy Limited in a suit it filed over the control of Duport Midstream Company Limited & others.

The Ex-parte order was set aside by Justice Oweibo while ruling on an application filed by Duport Midstream's lawyer, Chief Bolaji Ayorinde (SAN).

Justice Oweibo held that Duport Energy obtained the order by misrepresentation and concealment of material facts in the case.

Duport Energy Limited had in the suit sued Duport Midstream Company Limited & others.

Duport Energy Limited, an 18 per cent shareholder in concert with others, is allegedly aiming to take over the control of the management of Duport Midstream Company Limited through its minority shareholding.

It was equally alleged that in a bid to achieve the said alleged takeover of management control, the aforesaid minority directors are disruptive by subjecting all decisions regarding the day-to-day running of the company to Board deliberations. 

Consequently, Platform Capital Investment Partners Limited, the majority shareholder of Duport Midstream Company Limited with 74 per cent shareholding, sought to remove the disruptive directors from the Board. 

However, Duport Energy Limited sought to prevent the removal of its allegedly disruptive nominated Directors.

Duport Energy Limited filed the aforesaid suit despite its awareness and those of its Directors about the existence of an initial suit at the instance of Duport Midstream Company Limited on the same subject.

These come to three (3) Orders in favour of both Duport Midstream Company Ltd and Dr Akintoye Akindele and despite these Orders, Dr Akindele remains in detention by the Nigerian Police following a petition by Dr Wuraola Abiola and Mr Oluwatosin Odusanya.

Dr Abiola is not a shareholder or director of the company but claims to have shares held in trust by Dr Akindele and had predicated her petition to the police on an unpaid invoice of condensate supplied by her company, Summit Oil, to Duport Midstream.

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