A Court of Appeal sitting in Port Harcourt has nullified the three-month jail sentence imposed on the Managing Director of the Shell Petroleum Development Company of Nigeria Limited (SDPC), Osagie Okunbor, and two other senior officers of the company.
The Oil company said in a statement that the appellate court gave the ruling on November 5, following an appeal of the committal order filed by the company.
What led to the contempt charge?
Nairametrics had reported that the High Court sitting in Port Harcourt, sentenced Okunbor alongside Nike Onyilola, who is the SPDC Secretary and Head of Legal Department; and Keibi Atemie, who is the Deputy Country Head of Legal/Managing Counsel, Global Litigation, Sub-Sahara Africa for contempt.
In Suit Number PHC/1929/2018, the presiding judge, Justice George Omereji said the trio were convicted for refusing to obey a court order in 2008 instructing them to forfeit the land where Bonny Crude Oil terminal was located.
The court order, according to Justice Omereji, was given 10 years ago by Justice Margaret Opara of the Rivers State High Court.
The Jumbo Major House and Brown House, who are all landlords to Shell in the Bonny LGA had approached the court in Suit Number PHC/1956/2007 and complained about the tenancy and compensation for their land.
It was also learnt that Justice Opara, had in 2008, instructed that Shell should give up the Bonny terminal for violating the terms of tenancy and surreptitiously getting a Certificate of Occupancy from the then government of Rivers State for the said land.
Shell had after the ruling in 2008 gone to the Appeal Court, lost the case, and went to the Supreme Court, where it also lost.
Before sentencing the Shell officials, Justice Omereji struck out a motion of notice by counsel for Shell and the three top employees of the firm, praying the court to set aside the court order that directed the landlords to serve substituted means of a notice of consequences of disobedience of a court order.
Counsel for Bonny landlords, Lucius Nwosu (SAN) and Emmanuel Asido, and their counterpart for Shell officials, Thompson Okpoko (SAN), had earlier argued on the matter.
But Justice Omereji declared that the committal of Okunbor, Olafimihan and Atemie, was based on Shell’s failure to obey the order of Justice Opara to surrender the land to the owners.
Spokesperson of the company, Bamidele Odugbesan, however, clarified that Shell did not accept that it disobeyed any court order and had appealed the judgement.