‎Ossiomo Power Raises the Alarm Over Alleged Occupation of Office, Breach of Court Orders 

Felix Omoh-Asun in Benin City 

The management of Ossiomo Power Company has raised the alarm over continuous trespass and unauthorised access to the Ossiomo Industrial Park by unauthorised individuals.

The company therefore drew the attention of the Chief Justice of the Federation, the Honourable Minister of Power, the Inspector General of Police, the Director General of the Department of State Services (DSS), the Chairman/CEO of the Nigerian Electricity Regulatory Commission (NERC), the Chairman/CEO of the Edo State Electricity Regulatory Commission (ESERC), the President of the Nigerian Bar Association (NBA), regulatory authorities, financial institutions, all relevant stakeholders and the general public to three court orders allegedly being flagrantly breached by Jiangsu Communication Clean Energy Technology Co. Ltd. (CCETC), its Chinese staff and related entities.

Ossiomo Power Company alleged that despite the orders of the Federal High Court, Abuja and the Edo State High Court, Benin City, CCETC, its Chinese staff and local hired thugs have persistently trespassed, and carried out unauthorised access to the Ossiomo Industrial Park, and allegedly destroyed, stolen, and engaged in illegal usage of the company’s property, removal and vandalism of the Ossiomo electricity infrastructure and the Ossiomo 33kV Line.  

According to firm, the three Orders of the Federal High Court, Abuja and the Edo State High Court, Benin City, restrained CCETC and its local agents from trespassing the Ossiomo Industrial Park and from carrying out any theft, vandalism and illegal connection to the Ossiomo 33kV Line and the Gas Plant at the Ossiomo Industrial Park.  

As such, according to the firm, continuous trespass, numerous incidents of theft, vandalism and attempted connection to the Ossiomo 33kV Line, constitute direct contempt of the subsisting Court Orders.

Ossiomo Power Company disclosed that Contempt of Court Orders has been filed against CCETC at the Federal High Court, Abuja, noting that the action followed the serial and continuing Breach of subsisting Court Orders.

It said, “Contempt charges have been filed against CCETC HK, CCETC Ogua and Mr. Di Xihaou at the Federal High Court, Abuja. Breach of Court Orders and contempt charges will also be filed at the Edo State High Court, Benin City in respect of the other Court Orders in the coming days.

“The Chinese firm, CCETC’s Contempt of Court Orders and complete disregard for Nigerian Laws mirrors CCETC’s Breach of all 4 Project Contracts/Agreement it signed with Ossiomo Power and its affiliates in 2018/2019.” 

Disclosing how the two firms started, it stated: “Ossiomo Power was incorporated and commenced development of its power project in 2013. In 2015, the Nigerian Electricity Regulatory Commission (NERC) granted generation and distribution licences to Ossiomo Power. In 2017, Ossiomo Power entered into a Power Purchase Agreement with the Edo State Government on a strict willing-buyer, willing-seller basis.

“In 2018, CCETC sought to participate in the Ossiomo Power Project. At this time the Project development was 100 percent complete. Ossiomo Power subsequently established a separate project company to provide CCETC with an opportunity to participate in the Project, with Ossiomo Power’s prior investment forming the Project’s foundation.

“Under the Joint Venture Agreement (JVA), CCETC undertook to contribute US$750,000 in equity under Article 4 of the JVA and to  provide US$53 million debt capital from Chinese banks under Article 16 of the JVA. But CCETC utterly failed to contribute the equity and debt capital in breach of its signed undertakings under the JVA.  This is the substantive matter before the Federal High Court, Abuja and the Singapore Arbitration Centre (SIAC).

“It is important to note that Article 16e of the JVA states that in the event that the Project Company does not receive the USD53 Million debt capital from the Chinese Banks, both parties will go their way and there is no basis for claims by either party against each other.

“The matters before the Edo State High Court, Benin City relate to CCETC’s continuing trespass of the Ossiomo Industrial Park.

“CCETC’s Contempt of Court Orders and Complete Disregard for Nigerian Laws also mirrors CCETC’s alleged serial forgeries against Ossiomo Power and the Project Company.”

Ossiomo Power Company added further that it decided to call on the general public including regulators, financial institutions, contractors and other organisations dealing with CCETC or its affiliates, to exercise due diligence and respect the applicable subsisting court orders and court processes in their own interest