Malabu Oil & Gas Limited has approached the Supreme Court seeking leave to appeal the judgment of the Court of Appeal in Abuja, which was delivered in favor of Nigerian Agip Exploration Ltd.
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
The company, through a motion on notice marked SC/ML/356/2025 and filed by its lawyer, Reuben Atabo, SAN, requested an order for an extension of time to file a notice and grounds of appeal against the appellate court’s May 23 ruling. The judgment upheld Agip’s appeal, dismissed Malabu’s preliminary objection, and overturned the decision of the Federal High Court (FHC) in Abuja in suit FHC/ABJ/CS/201/2012.
Malabu named Nigerian Agip Exploration Ltd, the Federal Government of Nigeria, and the Minister of Petroleum Resources as first to third respondents, while Shell Nigeria Ultra-Deep Limited, Shell Nigeria Exploration and Production Company Ltd, and Chief Dan Etete were included as fourth to sixth respondents.
The company argued seven grounds for the application, noting that it filed a request on June 4 at the Court of Appeal to appeal the decision based on mixed law and facts and to raise fresh issues. However, before the matter could be heard, the statutory period to seek leave to appeal had elapsed.
In an affidavit deposed by Alhaji Mohammed Sani Abacha, a director of Malabu Oil & Gas, the company explained that it received the certified true copy of the judgment only on June 4, following a strike by judicial staff of the lower court from June 2 to June 3. This, the affidavit stated, prevented Malabu from filing a competent application within the prescribed 14-day period.
The affidavit further argued that after the expiration of the statutory time, the lower court no longer had jurisdiction to entertain the application, and it was not deliberate that the appeal could not be moved sooner.
Mohammed stated that Malabu remains aggrieved by the appellate court’s May 23, 2025 ruling and is therefore desirous of appealing to the Supreme Court for redress.
The motion is now pending before the apex court.(NAN)
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