The Federal High Court Abuja has struck out the case filed by Shell Petroleum Development Company of Nigeria Limited which requested an order nullifying the House of Representatives investigation which directed it to pay N18,418,579,188 to the federal government over its alleged non-compliance to relevant laws in the country.
Shell, through its lawyer, Chukwuka Ikwuazom SAN, sued the House of Representatives and its Speaker, asking Justice Inyang Ekwo to hold that the defendant’s committee do not have the constitutional powers to carry out investigative hearings and adjudicate on matters outside their legislative competence.
- “A declaration that the summons dated 9 November 2023 (together with all other previous summons), issued by the 2. Defendant for appearance of the Plaintiff before the 2. Defendant’s Ad-hoc committee to investigate the Compliance of Ministries, Departments a. Agencies of the Government and Corporate Bodies with the Industrial Training Fund Act from 2010 to 2022, and demanding the payment by Plaintiff of the sum of N18.418,579,188 (Eighteen Billion, Four Hundred and Eighteen Million, Five Hundred and Seventy-nine Thousand, One Hundred and Eighty-eight Nara) to the Federal Government of Nigeria, and unconstitutional, illegal, null and void,” Shell Ltd prayed in the suit marked, Suit no FHC/ABJ/CS/1553/2023.
Arguments
The Head of, the National Assembly Relations Department of Shell, Sabita Tauheed, in the company’s affidavit in support, deposed that despite the reasons advanced by her company to the Committee by a letter dated 1 November 2023.
On the need for the House/the Committee to desist from purporting to conduct an unconstitutional investigation, the Committee wrote a further letter to the Plaintiff dated 2 November 2023, demanding the payment of the sum of N18,418,579,188 (Eighteen Billion, Four Hundred and Eighteen Million, Five Hundred and Seventy-Nine Thousand, One Hundred and Eighty-Eight Naira) and directing the plaintiff to attend a further public hearing on 16 November 2023.
She stated that the Committee also reiterated its threats to Shell that it would invoke its powers under section 89 of the 1999 Constitution if it did not comply with the Committee’s demands.
She added,”
- “ I verily believe that unless this Honourable Court restrains the Defendants, the Defendants are bent on exercising their powers arbitrarily and unconstitutionally to compel the Plaintiff to pay the sum of N18,418,579,188 (Eighteen Billion, Four Hundred and Eighteen Million, Five Hundred and Seventy-Nine Thousand, One Hundred and Eighty-eight Naira) to the FGN, in circumstances where (i) the sum is seriously disputed by the Plaintiff, (ii) the plaintiff has submitted this dispute to a court of competent jurisdiction, and (iii) the House/ the Committee has no powers to conduct investigative hearings on or adjudicate over the disputed issues
But the defendant’s legal team led by J.O. Olorunsiaye, asked the court to strike the case for being incompetent and being a disregard to the lawmakers.
He argued, “
- “Under its mandate, the Committee wrote a letter to the Applicant dated 11 August 2023, notifying the Applicant of the constitution of the Committee, the Committee severally invited the Applicant/Respondent to appear before the Committee at a public hearing scheduled and requesting the Applicant to produce documents relating to the Applicant’s compliance with the Industrial Training Fund Act (“ITF Act”).
- “The Plaintiff Applicant neglected, refused and failed to honour the invitation and as well showed no appearance but rather elected to write a letter addressed to the Committee informing the Committee of its total compliance with the relevant laws and statutory instruments, made all required statutory payments to the Industrial Training Fund (ITF) who have the relevant records and are vested with the necessary powers under the enabling law to ensure compliance.
- “The Applicant/Respondent rather than appearing before the Committee and providing relevant documents to prove its compliance, the Applicant failed, ignored, neglected and treated with levity all the invitations of the Committee and ran to this Honourable Court by filling this suit to stop the Defendants/Respondents from carrying out their constitutional duty without serving a Pre-action Notice on the Clerk of the House of Representative as provided by the law.”
Suit Discontinued
However, Shell filed a notice of discontinuance dated March 1, 2024, and was seen by Nairametrics.
It reads,
- “Brought under Order 50 Rule 2(1) of the Federal High Court (Civil Procedure) Rules 2019 and under the inherent jurisdiction of this Honourable Court.
- “Take Notice that the Plaintiff herein wholly discontinues this suit against all the Defendants herein.”
At the resumed sitting on Monday, the applicant orally applied to discontinue the case and the court struck it out.
