Justice Chukwuejekwu Aneke of the Federal High Court in Lagos, has lifted an interim ex-parte order restraining the chief executive officer (CEO) of Seplat Energy Plc, Roger Brown, from parading himself as the firm’s CEO.
Justice Aneke struck out the order while ruling on applications filed by some aggrieved shareholders of the company against Brown over allegations of racism, favouring of expatriate workers, discrimination against Nigerians, and breach of good governance.
The applicants/petitioners in the suit are: Moses Igbrude, Sarat Kudaisi, Kenneth Nnabike, Ajani Abidoye, and Robert Ibekwe, while Seplat Energy PLC, Roger Brown, and Basil Omiyi were listed as respondents in the suit marked FHC/L/402/2023.
The judge held that by Order 26 Rules 9 and 10 of the Federal High Court Civil Procedure Rules 2019, the court’s interim orders made on March 8, 2023 are, “at this moment, discharged and vacated.”
The court also dismissed an application filed by counsel to the petitioners to move his application for joinder.
Justice Aneke held that the business of the day was for ruling on the application to set aside the ex-parte orders made on March 8, 2023.
He stated that since counsel to all the Respondents are opposed to hearing the application, his request cannot be accommodated.
The court had on March 8, 2023, restrained Brown from parading himself as the CEO of the company pending the determination of the suit instituted against him by some aggrieved stakeholders of the company over allegations of racism, favouring of expatriate workers, discrimination against Nigerians, and breach of good governance.
The shareholders had, in their Motion on Notice filed by their lawyer, Jeph Njikonye, urged the court for a declaration that the affairs of Seplat have been conducted in a manner that is illegal, oppressive and unfairly prejudicial to the petitioners and other members of Seplat and in total disregard to the interest of the petitioners, other employees, and Seplat as a whole.
The applicants had also urged the court for a declaration that by condoning the unlawful, discriminatory, and abusive conduct of the CEO, Roger Brown, the Board Chairman, Basil Omiyi, and the Non-executive Directors have “failed in the discharge of their duties and are unfit to continue to function in the Board of Directors of the first respondent (Seplat).
They further asked the court for an order of mandatory injunction restraining the second respondent (Brown) from parading himself as or continuing to operate as the CEO of the first Respondent (Seplat) or working for Seplat in any other capacity.
The applicants also want the court to grant an order restraining Seplat and the Board Chairman from retaining Brown as the CEO of Seplat or retaining his services for Seplat in another capacity.
Justice Aneke has adjourned the matter till May 16 for an accelerated hearing.