BULKACHUWA JCA (Delivering the Lead Judgment): The appellant as plaintiff commenced this action by an originating summons, dated 13th March, 2001, before the Federal High Court, Abuja, whereby he was seeking the determination of the following issues:-
1. Whether the agreement in writing contained in letters from the plaintiff to the 1st defendant dated 22nd April, 1999; 18th May, 1999; and 27th May, 1999; from the 1st defendant to the plaintiff dated 16th July, 1998; 13th May, 1999 and 14th June, 1999, by virtue of which the 1st defendant did allocate to the plaintiff a discretionary allocation of Oil Prospecting Licence in respect of OPL 326 constituted a valid contract between the plaintiff and the 1st defendant.
2. Whether the discretionary allocation of OPL326 made by the 1st defendant to the plaintiff on May 13, 1999, was made in accordance with the provisions of the appropriate law namely the Petroleum Act, 1969, (Cap 350) Laws of Nigeria, 1990.
3. Whether the 2nd defendant has…