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SOUTH ATLANTIC PETROLEUM LIMITED
V.
THE MINISTER OF PETROLEUM RESOURCES

(2008) JELR 49512 (CA)

Court of Appeal 29 Apr 2008 Nigeria
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- The case involves a dispute over an oil prospecting license (OPL 246). - The appellant sought judicial review of the respondent's decision to expropriate their rights in the license and auction it to third parties. - The trial judge uphel

Case Details

Suit Number:CA/L/712/2006
Judges:ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria
Counsel:C. A. Candid Johnson SAN with A. Adegbonmire, O. A. Mesele and A. C. Obieje For Appellant Fidelis Oditah Q. C. SAN, Robert Clerk SAN, Sulaiman Zubair, Patrick Oparah, Mrs. S. Cotterel, Mrs A. Abina and Oladipo Ajayi For Respondent

ISA AYO SALAMI, JCA, OFR (Delivering the Leading Judgment): The Federal High Court Coram Mustapha, J (as he then was) on the 9th day of May, 2006, upon a motion ex parte ordered as follows-

"1. That leave is granted to the Applicant to apply to this court for Judicial Review in respect of the decision of the Respondent communicated in letters dated 1st March, 2006 and 21st March, 2006 purporting to expropriate forthwith the Applicant's rights, interest and legitimate expectation in oil prospecting licence 246 (OPL 246) and to auction to third parties on 19th May, 2006 the Oil Block 246 in which the Applicant has extant rights, interest and legitimate expectation.

1. That the application shall be by originating motion and same shall be served on the Respondent as well as ONGC Mittal, Global Steel Holding, INE Natural Resources Expl., China National Petroleum Corporation, Clean Waters Consortium, Transnational Corporation, NAOC/Lotus, ONGC Videsh, BG/Sahawa, Ni-De1ta United Oil Company …

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