Ede Marginal Field: Appeal Court grants motion seeking to challenge 69.6% equity stake judgement  

A three-judge panel of the Appeal Court, presided over by Justice J.O.K. Oyewole, referred the dispute to the Apex Court by granting “leave” to Gab & Nuella Concept Limited and Brinitup Hydrocarbons Limited to appeal against a Court of Appeal judgment, which had, on January 24, 2025, upheld the claim of NorthWest Petroleum & Gas Company Limited over the 69.6% equity stake in the Ede Marginal Field, OML 67.

Naijaonpoint previously reported that in a judgment delivered on Friday, January 24, 2025, the Appeal Court upheld the appeal filed by NorthWest Petroleum against Gab & Nuella Concept Limited and Brinitup Hydrocarbons Limited (the first and second respondents), as well as the Minister of Petroleum Resources.

The appeal arose from a ruling by the Federal High Court, Abuja Judicial Division, delivered on August 29, 2022, by Justice Emeka Nwite, which partly dismissed NorthWest Petroleum’s preliminary objection challenging the competence of the case against its equity stake in the Ede Marginal Field.

Naijaonpoint exclusively gathered and reported that the DPR awarded NorthWest Petroleum a 69.6% equity stake in the Ede Marginal Field, which included equity purportedly carved out from Gab and Brinitup’s allocation due to their failure to complete the required payments.

Upon receiving the respondents’ originating processes, NorthWest Petroleum’s legal team, led by Mark Mordi, SAN, filed a preliminary objection, arguing that the trial court lacked jurisdiction to entertain the suit.

In his ruling, Justice Okong Abang of the Appeal Court stated that NorthWest presented material evidence in its affidavit confirming its participation in the bid round and full payment of the signature bonus for its allocated 69.6% equity stake.

The Appeal Court subsequently declared the suit against NorthWest Petroleum “statute-barred” and struck it out for being incompetent.

At the resumed proceedings at the Appeal Court on Wednesday, Gab and Brinitup’s legal team urged the court to allow them to argue the judgment at the Supreme Court on the grounds of law and fact, citing its motion for leave.

He stated it is crucial for the Apex Court to review the issues and make a final pronouncement on the ownership of the disputed equity stake.

After hearing from the parties, Justice Oyewole granted leave to Gab and Brinitup to appeal to the Supreme Court for final redress.

Given that oil and gas are Nigeria’s primary revenue sources, bid rounds for marginal oil fields often attract regulatory scrutiny and legal disputes.

Due to regulatory requirements, the allocation of marginal fields frequently leads to litigation, mediation, and arbitration.