Summary

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA SUIT NO.: FCT/HC/CV/079/2021
8 July 2025
TEMPO ENERGY NIGERIA
v
1. AITEO EASTERN E &P COMPANY LIMITED
2. AFRICA FINANCE CORPORATION
3. ECOBANK NIGERIA LIMITED
4. FIRST BANK OF NIGERIA LIMITED 4ss
5. GUARANTY TRUST BANK PLC
6. FIDELITY BANK PLC
7. SHELL WESTERN SUPPLY AND TRADING LIMITED
8. SHELL INTERNATIONAL TRADING AND SHIPPING COMPANY LIMITED CO
9. CITIBANK EUROPE PLC, U.K. BRANCH
10. CITIBANK N.A. LONDON BRANCH
11. FBN TRUSTEES LIMITED
12. ZENITH TRUSTEES LIMITED
13. FBN MERCHANT BANK LIMITED
14. STERLING BANK PLC
15. UNION BANK OF NIGERIA PLC
16. ZENITH BANK PLC
17. DAME ELIZABETH GLOSTER

Ruling

On the 20th day of June, 2025, the Claimant made an oral application to this Court seeking to invoke the disciplinary powers of the Court to punish the 2nd to 16th Defendants by undoing or setting aside all or any act and/or action taken in utter disregard of the orders of this Court. Specifically, the Learned Silk implored this Honourable Court to nullify and set aside all the arbitration proceedings identified in Exhibit 1 in the affidavit of facts and for those which the 1st defendant Learned senior counsel admitted which I rehashed somewhere in this ruling.

The background to the instant application is the interim order of this Court made on 20th January 2021 in favour of the Claimant, pending the hearing and determination of the Claimant's motion on notice after which this Court adjourned the matter to 22nd January, 2021.

...

Consequently, it is Declared and ordered as follows:

1. That the entire proceedings conducted in Arbitration No: 25880/AZR administered by the ICC International Court of Arbitration in defiance to the orders of this court made on 21st January 2021 are hereby declared null and void, of no effect and incapable of conferring any legal right or obligation on the 1st, 2nd-16th defendants, including any purported award arising from such null proceedings, and the said proceedings are hereby set aside.

2. That the entire proceedings conducted in Arbitration No: 25881/AZR administered by the ICC International Court of Arbitration in defiance to the orders of this court made on 21st January 2021 are hereby declared null and void, of no effect and incapable of conferring any legal right or obligation on the 1st, 2nd-16th defendants, including any purported award arising from such null proceedings, and the said proceedings are hereby set aside.

3. That the interim orders of this court made on 22nd January 2021 is hereby reiterated as same subsists and parties are admonished and ordered to continue to abide by same, except for the purposes of bringing this ruling to the arbitration panel and institution.

4. That in line with the decision of the Court of Appeal, the consolidated applications are fixed for hearing, if the proceeding of this court is not removed into the Court of Appeal, on the 29th September 2O25 having regard to the vacation period of the court.

5. That the 2nd-16th defendants shall each pay cost of N500,000.00 (five hundred thousand Naira) to the claimant, before the next adjourned date.

This is the ruling of the court, it is so ordered.

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