By Onyewuchi Ojinnaka
Judgement in the $55 million debt recovery suit instituted by the Federal Government of Nigeria against Agip Oil Company Limited has been reserved till April 30, 2019.
Justice Mojisola Olatoregun of a Federal High Court sitting in Lagos, Nigeria on Thursday, reserved judgment after counsel to parties had respectively adopted their final addresses before the court.
The suit which was filed since 2016 by FG through its counsel, Prof.Fabian Ajogwu (SAN), is one of the many suits by the Federal Government seeking to recover almost $12 billion missing crude oil revenue from some international oil companies.
The defence had closed its case on November 6, 2018, after which the court adjourned for adoption of addresses.
When the matter was called up on Thursday for adoption of addresses, Mr Ituah Imahnze appeared for the plaintiff (FG) while Hameed Abdulkareem announced appearances for the defendant( Agip Oil).
Defence counsel then informed the court that he was prepared to proceed, subject to the regularisation of his reply on points of law.
He then sought to withdraw an earlier version of the reply, urging the court to strike it out.Plaintiff’s counsel (Imahnze) did not oppose the application, and the court consequently granted same.
Moving his final address, defence counsel told the court that his final address is dated December 10, 2018, and filed on same day.
He adopted the arguments contained in his final address as well as his reply on points of law.
He urged the court to dismiss the plaintiff’s action in its entirety, and award substantial cost.
On his part, Plaintiff’s counsel informed the court that his final address was dated December 19, 2018 and said:”We adopt the arguments contained therein, and urged the court to grant the reliefs sought.”
After listening to respective submissions of counsel, Justice Olatoregun reserved Judgment for April 30.
During trial, the plaintiff called one witness and tendered three exhibits before the court, while the defendant also called one witness and tendered 12 exhibits.
Meanwhile, the court has also reserved judgment to April 30, in a similar suit by FG, against Brasoil, after parties had also respectively adopted their final arguments before the court.
It was widely reported that the Federal Government is claiming the sum of 55 million dollars from Agip for missing crude oil revenue.
FG accused Agip of under-declaring the volume of crude oil it shipped out of the country between January 2011 and December 2014, claiming that the giant Oil company (Agip) short-changed it to the tune of $55million .
Consequently, it filed the suit, to recover the lost revenues arising from undeclared and under-declared crude oil shipments from Nigeria to different parts of the world.
In the suit, the plaintiff is therefore, praying the court to compel the oil firm to pay the said sum, with an annual interest rate of 21 per cent TheNiche gathered that the Federal Government had also sued Total E&P Nig. Plc, alleging that the oil company under-declared the volume of crude oil it shipped out of the country between January 2011 and December 2014.
The Federal Government also accused the oil company of short-changing it to the tune of 245 million dollars, by allegedly shipping several barrels of crude oil out of Nigeria, without making due remittance to the government.Similar suits are also pending against Chevron Nigeria Ltd, Chevron Petroleum Nigeria Ltd, Shell Western Supply & Trading Ltd among others.
