Wale Igbintade
The Court of Appeal sitting Lagos has ordered the Federal High Court to halt contempt proceedings against Excel Exploration and Production Limited and its officials pending the hearing and final determination of the appeal filed against the court’s ruling.
Justice Jimi Olukayode Bada issued the order recently, directing the stay of all proceedings against the oil firm at the trial court presided over by Justice Lewis Allagoa.
The appellate court ordered the lower court to suspend all proceedings/further proceedings including the Committal Proceedings before it in Suit Number FHC/CS/L/371/2021.
The lower court had in a ruling delivered on November 1, 2021 ordered Excel Exploration and Production Limited (Appellant) to render monthly reports to a Receiver Manager on the activities in Eremor Marginal Oil field.
Dissatisfied, the appellant through its counsel, Prof. Taiwo Osipitan (SAN) appealed against the ruling and also filed a Notice of Appeal dated April 20.
Thereafter, the appellant compiled and transmitted records of appeal and the appeal entered as – Appeal Number: CA/LAG/CV/973/2021 — Excel Exploration and Production Limited v Access Bank &Others.
The appellant in a 21-paragraph affidavit in support of the Motion on Notice deposed to by one Babajide Oyedele, a legal practitioner, stated that subsequent to the entry of the records of appeal, appellant filed a motion on notice dated May 10, 2022 praying the court for a stay of execution/enforcement of the orders of the court below.
He added that notwithstanding the pendency of the appeal, its entry in the registry of this Court and the motion on notice for stay of execution of the ruling of November 1, 2021, the first and second respondent commenced committal proceedings against officials of the appellant in the court below purposely to enforce its order dated November 2021.
“The court below has in a ruling dated March 16 set down the committal proceedings for hearing on 30 May, 2023 and also issued summons against the Appellant/alleged contemnors.
“The hearing of the contempt proceedings prior to the hearing and determination of this Appeal will jeopardise Appellant/Applicant’s right to fair hearing, overreach and render this appeal before this Honourable Court nugatory
“The enforcement of the orders dated 1st November, 2021 through hearing of the contempt proceedings as scheduled by the Court below will foist a fait accompli on this Honourable Court with respect to this appeal.
After hearing Osipitan, the court ordered that “all proceedings including the committal proceedings before the Federal High Court Lagos Coram: Justice J. Lewis Allagoa in Suit No. FHC/CS/L/371/2021 Excel Exploration and Production Limited vs. Access Bank Plc & Other are hereby stayed pending the hearing and final determination of this Appeal No. CA/LAG/CV/973/2021; Excel Exploration And Production Limited Vs. Access Bank Plc & Other.”
