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Shell Nigeria Limited and Nigerian Agip Exploration Limited, have both approached a Federal High Court in Abuja, seeking to set aside an order by the court on January 26, 2017, that oil prospecting license (245) otherwise known as Malabu oil, be temporarily forfeited to the Federal Government.
In two separate motions the two oil companies have asked the court to also suspend the effect of the interim order on the grounds that the order, which was obtained by the Economic and Financial Crimes Commission (EFCC), constitutes a gross abuse of process and power.
They also argued that the process of procuring the grant and the grant of the exparte order is unconstitutional.
The two companies also argued that the conditions precedent to the assumption of jurisdiction were not met in the institution of the case.
They also accused the EFCC of misrepresenting and suppressing material facts all in a bid to obtain the exparte order.
As such, it would be in the interest of justice to set aside or discharge the said order.
However when the case came up for hearing, the EFCC asked the court to adjourn the case to enable it respond to the allegations in the motion.
Trial Judge, Justice John Tsoho, has adjourned the case to February 27 to enable the anti-graft agency respond.
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