South Atlantic Petroleum Limited V. The Minister Of Petroleum Resources (2013)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

By its motion filed on the 8th day of March 2011, the South Atlantic Petroleum Ltd, hereinafter referred to as the applicant, seeks the following reliefs:-

“(1) An order extending the time within which the Appellant/Applicant shall seek the leave of this Honourable Court to appeal on grounds of mixed law and facts against the Judgment of the Court of Appeal Lagos delivered on 29th April, 2008 dismissing Appeal No CA/L/714/2006;

(2) An order granting leave to the Appellant/Applicant to appeal on grounds of mixed law and facts against the said Judgment of the Court of Appeal No CA/L/712/2006 made on 29th April, 2008;

(3) An order extending the time within which the Appellant/Applicant shall appeal against the said Judgment of the Court of Appeal Lagos in Appeal No CA/L/712/2006 delivered on 29th April, 2008 on grounds of mixed Law and facts;

(4) An order deeming the Amended Notice of Appeal dated 2nd February, 2009 which contains grounds 2, 3, 4 and 5 which are grounds of fact or mixed Law and facts as having been properly filed and served.”

The application is predicated on the grounds that:-

“(i) The three months period allowed by law to appeal to this Honourable Court has expired.

(ii) Grounds 2, 3, 4 and 5 of the Amended Notice of Appeal dated 2nd February 2009 filed by the Appellant/Applicant are grounds of facts or mixed law and facts which require leave of this Honourable Court;

(iii) The Appellant/Applicant truly desires that the appeal be heard and determined on its merits.” (Underlining supplied for emphasis).

The application is supported by a Twelve paragraph affidavit deposed to by Daniel Eyiridua, a litigation clerk in one of the firms of legal practitioners representing the applicant. Annexed to the affidavit in support of the application are Exhibits SPL 1, the Judgment of the trial Federal High Court, in Suit No FHC/L/CS/361/2006, SPL 2, the Judgment of the Court of Appeal in Appeal No CA/L/712/2006 being appealed against by the appellant/applicant and SPL 3, appellant/applicant’s amended Notice of Appeal dated 2nd February 2009. The said Notice of appeal, the applicant avers, was amended following the leave granted by this Court. The Applicant relies on its affidavit and the annextures thereto.

One Jenifer Awa, a legal practitioner with the firm of Oditah representing the respondent, swore to the respondent’s fourteen paragraph counter-affidavit in opposition to appellant’s application. Therein, it is conceded that appellant’s amended Notice of Appeal dated 2nd February remains applicant’s extant Notice of appeal. Both sides, the respondent further asserts, have filed and exchanged briefs of argument and the appeal is ready for hearing.

Parties have filed written addresses for and against the application. Having adopted same, learned counsel orally amplified the arguments advanced in the written addresses at the hearing of the application.

The issue the appellant/applicant proffers for the determination of its application reads:-