A High Court sitting in Federal Capital, FCT, Abuja has vacated an order of mareva injunction obtained against Brentex Petroleum Services Limited and China Petroleum Pipeline Engineering Co. Ltd. ( Brentex CPP) by Bablink Resources Nigeria Limited.
The Court Presided over by Hon.Justice A.O.Musa vacated the order on the 21st of December, 2023 in SUIT NO: FCT/HC/CV/2023.
The application to vacate the order which was obtained ex parte without concomitant motion on notice was made on the 19th of December, 2023 by Counsel to Brentex Petroleum Services Limited and China Petroleum Pipeline Engineering Co. Ltd. (Brentex CPP).
Abdulwahab Muhammed, SAN. Bablink Resources Nigeria Limited a sub-contractor with no known nexus to the AKK Gas pipeline contract other than a sub-contractor had through its Counsel M.K. Aondoakaa, SAN on the 14th of December, 2023 obtained an Exparte Order freezing all bank accounts of Brentex CPP.
However, the Honourable Court after taking arguments from the learned senior advocate representing Brentex CPP, Abdulwahab Muhammed, SAN and in a ruling delivered on 21st of December, 2023 held that it was convinced that the High Court sitting in Nyanya acted without jurisdiction when it granted an Exparte Order on a Court process that was not accompanied by motion on notice; as one of the instances the High Court can set aside the Order of a Court of coordinate jurisdiction.
It further held that, the High Court sitting in Nyanya acted without jurisdiction and accordingly set aside the Mareva injunction that restricted access to the bank accounts of Brentex CPP.