Malabu heads to Supreme Court in bid to challenge Agip’s victory

In a motion filed under suit number SC/ML/356/2025, Malabu’s lead counsel, Reuben Atabo, SAN, asked the apex court to grant it extra time to initiate an appeal against the appellate court’s judgment delivered on May 23, 2025.

The company also requested an extension of time to submit both its notice and grounds of appeal in the case referenced as CA/ABJ/CV/53/2021—Nigerian Agip Ltd versus Malabu and five others. The motion includes four additional prayers.

According to the News Agency of Nigeria (NAN), the motion lists Nigerian Agip Exploration Ltd, the Federal Government of Nigeria, and the Minister of Petroleum Resources as the 1st to 3rd respondents, while Shell Nigeria Ultra-Deep Limited, Shell Nigeria Exploration and Production Company Ltd, and former petroleum minister, Chief Dan Etete, are listed as 4th to 6th respondents respectively.

Citing seven key reasons why the Supreme Court should grant the application, Atabo explained that the appellate court had earlier upheld Agip’s appeal against an interlocutory ruling delivered by the Federal High Court (FHC) in Abuja on December 22, 2020. That lower court case, filed under suit number FHC/ABJ/CS/201/2012, involved Malabu Oil & Gas and the same set of respondents.

The Court of Appeal’s judgment, which dismissed Malabu’s preliminary objection, reversed the Federal High Court’s decision and struck out Malabu’s main suit, ruling that the method used to initiate the legal action was procedurally flawed.

Atabo said Malabu attempted to file an appeal with the Court of Appeal on June 4, intending to raise fresh issues and argue points of mixed law and fact. However, the window for seeking leave had already closed before the application could be scheduled for hearing.

In a supporting affidavit, Alhaji Mohammed Sani Abacha, a director of Malabu, said the company only received the certified true copy of the judgment on June 4. He pointed to a judiciary workers’ strike that began on June 2 and ended on June 3, which caused further delays.

“The applicant had fourteen days within which to seek and obtain leave of the court below before filing a competent notice of appeal,” Abacha stated. He added, “Before the court below fixed a date for the hearing of the applicant’s application, the time allowed by the rules… had elapsed.”

He clarified that the delay was not intentional, emphasizing that Malabu is dissatisfied with the Court of Appeal’s decision and remains determined to pursue the matter at the Supreme Court.

According to him, “the applicant is aggrieved by the judgment… delivered on the 23rd day of May, 2025, and it is therefore desirous of appealing against the same to this honourable court.”

NAN