Legal Nigeria

Directors tackle firm’s chairman over management conflict

By Ameh ochojila

Two directors of Green Energy International Limited, an oil and gas company have asked, through the court, details of the firm’s bank statements within and outside Nigeria from incorporation till date.

The directors, Dr. Bunu Alibe and Mr. Ayodele Olojede, also demanded the company’s invoice and receipt of payment of its shares by its chairman, Prof. Anthony Adegbulugbe and other shareholders.

Adegbulugbe and the two directors of the firm had on February 10, 2020, dragged one another before the court over the ownership of the oil company.

The aggrieved directors, who requested for the firm’s register of all its members and shareholders, further asked for all its board resolutions, including resolutions for the increase of the company’s share capital from incorporation till date.

Adegbulugbe was a former Special Adviser on Energy in the Olusegun Obasanjo administration.The duo, in a motion on notice with suit marked FHC/ABJ/CS/1390/2020, had filed an application tagged, “Discovery of Documents,” before Justice Bolaji Olajuwon of the Federal High Court (FHC), Abuja.

The application dated and filed on January 31, according to their counsel, was brought pursuant to Order 43, Rules 8(1) of the rules of the FHC, 2019 and under the inherent jurisdiction of the court.

The motion sought an order of extension of time granting leave to the directors to request the company to make discovery on oath of documents attached to the affidavit as “Exhibit BAI.”

It also sought an order of the court, deeming the already filed and served discovery of documents as properly being filed and served.

While Green Energy International Ltd is the plaintiff/respondent in the suit, Alibe and Olojede are first and second defendants/applicants respectively.

They are asking for “all financial instruments issued by the plaintiff to all banks within and outside Nigeria including cheques, approvals, vouchers, all contracts to third parties, monies paid to all directors by the plaintiff since incorporation till date.

“All contracts with third parties for the development of the Otakikpo Marginal Oil Field (OML 11) including contracts with drilling companies, oil service companies and contracts with regard to suppliers from the incorporation of the plaintiff till date.

“All contracts entered by the plaintiff with other parties with regard to the crude oil sales, transportation, and handling charges for the sale of crude from the incorporation of the plaintiff till date.

“All audited financial and management account statements of all bank accounts within and outside Nigeria from incorporation of the plaintiff till date.

“All permits and licenses, including export licenses issued by the Department of Petroleum Resources for the purpose of the plaintiff lifting and exporting crude and other hydrocarbons flowing out of the Otakikpo Marginal Oil Field (OML 11) from incorporation till date,” among others. The case has been adjourned till March 10.