Ebede said he was deployed to Dubai, with the posting to last till December 2017, but that he was forcefully redeployed back to Nigeria and retired because he refused to carry out dishonest actions
By Jude-Ken Ojinnaka
A former employee of Mobil Producing Nigeria Unlimited Company, James Nwagbogwu Ebede has commenced committal to prison proceeding against six management staff of the company to warn them against any disobedience to court order.
The six management staff are the Lead country manager, Mr Richarch Lang, the General counsel Mr. Dozie Adesuwa, the Executive Director Human Relations, Mr.Aliyu Bala, the Production Manager Alexander Savva, and two other senior management staff, Olusegun Banwo and Adelabu Adedoyin.
In form (48), Notice of Consequence of Disobedience of Court Order filed before the Lagos Industrial Court, the contempnors, all the management staff of Mobil Producing Nigeria Unlimited company were asked to take notice that unless they obey the directions as contained in the Order of the National Industrial Court, Lagos Division made on the 15th day of August, 2022 to wit: “That the Mobil Producing Nigeria Unlimited is ordered to furnish an account in any name with enough funds to offset the judgement of the Honourable Court should the Claimant’s claims succeed;
“That the Mobil Producing Nigeria Unlimited is to file an affidavit of compliance in two weeks, and a lien placed on the said account so that these funds cannot be depleted and, that the funds in the account will revert to the defendants if they successfully defend themselves against the Claimant’s claims forthwith, you shall be guilty of contempt of Court and will be liable to be committed to prison.
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The claimant/Applicant James Nwagbogwu Ebede filed the application by a motion dated and filed on May 9, 2022.
Ebede prayed the Honourable Court for an Order directing the defendants to furnish sufficient security in any account in the sum of USD 4,200,000 (Four Million. Two Hundred Thousand Dollars) to satisfy any decree or judgement that may be made against the defendants in this suit.
He brought his application on the following grounds: “That the he (claimant) filed this action against the defendants since January 2018, claiming the sum of $4,200,000 for unlawful termination of his appointment.
“The Exxon Mobil Corporation(1st defendant) on the 19th November 2020 obtained an Order staying proceedings in this case pending the determination of a purported appeal, hence the hearing of this case was stalled for over one year.
“That on January 27, 2022 this Honourable Court set aside the Order staying proceedings and adjourned the case for hearing.”
However, it came to the notice of the Claimant that the defendants are selling off the assets of the 2nd defendant, Mobil Producing Nigeria Unlimited within Nigeria.
The applicant’s counsel Chuks Uguru therefore prays the Court to order the defendants to provide sufficient security to satisfy any Judgement that may be given.
The application is supported by a 29- paragraphs affidavit, exhibits and a written address containing the counsel’s submissions.
However, both the 1st and 2nd defendants filed their counter affidavits on the 7th June, 2022, supported by exhibits and written addresses containing their respective counsels submissions.
Former NBA President Paul Usoro (SAN) with two other lawyers represented Exxon Mobil Corporation, while Abimbola Akeredolu (SAN) with three other lawyers represented Mobil Producing Nigeria Unlimited
In his ruling the presiding Judge, Justice R.H.Gwandu held, “I have gone through the processes filed, the exhibits tendered and the argument of Counsels as contained in their final written addresses. the sale of assets as submitted by the Claimant and can also be seen in media relates mainly to the 2nd defendant’s Mobil Producing Nigeria Unlimited assets in Nigeria which may or may not be pending the assent of the Minister of Petroleum, it therefore means that this application will mainly affect the 2nd defendant whose assets have been the subject of sale.
“Consequently, It is hereby ordered as follows:
“That the 2nd defendant Mobil Producing Nigeria Unlimited is ordered to furnish an account in any name with enough funds to offset the Judgement of this Honourable Court should the claimant’s claims succeed
“That the 2nd defendant is to file an affidavit of compliance in two weeks, and a lien placed on the said account so that these funds cannot be depleted.
“That the funds in the said account will revert to the defendants if they successfully defend themselves against the claimant’s claims.”
Recall that in a statement of fact filed before the Court by a Lagos lawyer, Dr. Francis Chuka Agbu (SAN), the ex -ExxonMobil Corporation staff, Ebede stated that he worked with the company from December 2001 to 2018 as an Engineer and that because of his consistent excellent performance, he was at various times assigned important responsibilities.
He stated that in 2015, he was deployed to Dubai, with the posting to last till December 2017, but that he was forcefully redeployed back to Nigeria and retired because he refused to carry out dishonest actions that he was being compelled to do by the manager of ExxonMobil while on assignment in the United Arab Emirates and Iran.
According to him, on his return to Nigeria, further punitive actions were taken against him leading to his forced pre-mature retirement. Consequently, he filed this suit claiming $4.2million to assuage injustice meted out to him.
