Wale Igbintade
A former staff member of Mobil Producing Nigeria Unlimited, Mr. James Nwagbogwu Ebede, has commenced committal to prison proceeding against six management staff of the company over alleged disobedience of court order.
The affected persons are the Lead Country Manager, Mr. Richarch Lang; General Counsel, Mr. Dozie Adesuwa; Executive Director Human Relations, Mr. Aliyu Bala; Production Manager, Mr. Alexander Savva and two other senior management staff, Mr. Olusegun Banwo and Mr. Adelabu Adedoyin.
In form (48), notice of consequence of disobedience of order of court filed before the National Industrial Court, Lagos Division, the contemnors are to take notice that unless they obey the directions contained in the order of the court, made on August 15, 2022.
The court had ordered Mobil Producing Nigeria Unlimited to furnish an account in any name with enough funds to offset the judgment of the court should the claimant’s claims succeed.
The court also ordered Mobil Producing Nigeria Unlimited to file an affidavit of compliance in two weeks, and a lien placed on the said account so that these funds could not be depleted.
The court also directed that the funds in the account would revert to the defendants if they successfully defend against the claimant’s claims, forthwith you shall be guilty of contempt of court and would be liable to be committed to prison.
By a motion dated and filed on May 9, 2022, the Claimant/Applicant James Nwagbogwu Ebede prayed the court for an order directing the defendants’ to furnish sufficient security in the sum of $4,200,000 (Four Million, Two Hundred Thousand Dollars) to satisfy any decree or judgment that might be made against the defendants’ in this suit.
The claimant filed the action against the defendants in January 2018 claiming the sum of $4,200,000 for unlawful termination of his appointment.
The 1st Defendant Exxon Mobil Corporation on November 19, 2020, obtained an order staying proceedings of the case pending the determination of a purported appeal; hence the hearing of this case was stalled for over one year.
However, the court on January 27, 2022, set aside the order staying proceedings and adjourned the case for hearing.
The claimant stated in the application that it has come to his notice that the defendants’ are selling off the assets of the 2nd Defendant Mobil Producing Nigeria Unlimited within Nigeria.
The applicant urged the court to order the defendants’ to furnish sufficient security to satisfy any judgment that may be given.
The application is supported by a 29-paragraph affidavit, exhibits and a written address containing counsels’ submissions.
The 1st and 2nd defendants filed counter affidavits on June 7, 2022, supported by exhibits, and written addresses containing their respective counsels counter affidavits.
However, it has come to the notice of the claimant that the defendants are selling off the assets of the Mobil Producing Nigeria Unlimited within Nigeria.
The Counsel to the Applicant Mr. Chuks Uguru, prayed the court to order the defendants to furnish sufficient security to satisfy any judgment given.
The defendants filed counter affidavits on June 7, 2022, supported by exhibits and written addresses containing their respective counsel’s counter affidavits.
Mr. 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, said: “I have gone through the processes filed, the exhibits tendered and the argument of counsels as contained in their final written addresses.
“It is hereby ordered that the 2nd defendant Mobil Producing Nigeria Unlimited is ordered to furnish an account in any name with enough funds to offset the judgment 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 against the claimants claims.”
In his statement of claim, the Claimant through his lawyer, Dr. Francis Chuka Agbu (SAN), 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 given 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.
