The son of former Military Head of State, Mohammed Abacha, has dragged the Federal Government, Shell Petroleum Nigeria and others to the Appeal Court as the battle over Malabu Oil rages.
In a notice of appeal filed at the Court of Appeal, Abacha is seeking an order of the appellate court to compel the Federal High Court to hear its motion to amend its writ of summons first before hearing the objections raised by the Federal Government and Shell.
It will be recalled that Alhaji Mohammed Abacha and Pecos Energy Ltd., in the original suit, are challenging what they claimed to be the illegal divestment of their shares in OPL 245.
He, however, sought to amend the motion in the original suit to strike out the Federal Government, Shell and Minister of Petroleum from the suit, a move opposed by the defendants but upheld by the high.
But in an appeal, the younger Abacha is praying the court to hold that “the trial judge of the Federal High Court of Nigeria erred in law where he held that the 5th-10th respondent’s notice of preliminary objection be heard first before the hearing of the appellants motion to amend their writ of summons and statements of claims contrary to the judgments of the Court of Appeal in the case of Okito Vs Obioru (2006) LPELR.”
Among the relief being sought is an order directing that the appellant’s motion to amend be heard before the hearing of the 5th to 10th respondents’ preliminary objection.
No date has been fixed for hearing.