The Federal High Court sitting in Lagos yesterday struck out a suit by some shareholders against Seplat Energy, its Chief Executive Officer (CEO) Mr. Roger Brown, and the Chairman of the firm, Mr. Basil Omiyi over alleged racism.
Justice Chukwuejekwu Aneke struck out the suit after the plaintiffs’ lawyer, Mr. Ayodele Arotiowa, informed the court of his clients’ intention to withdraw the suit.
The judge ordered the plaintiffs to pay N1 million to the second and third respondents.
The plaintiffs in the suit marked FHC/L/402/2023, included Moses Igbrude, Sarat Kudaisi, Kenneth Nnabike, Ajani Abidoye, and Robert Ibekwe, while Seplat Energy Plc, Brown and Omiyi were first to third defendants.
The petitioners were seeking an order of mandatory injunction restraining the second respondent (Brown) from parading himself as the CEO of Seplat or from working for Seplat in any other capacity.
They equally sought an order restraining Seplat and Omiyi from retaining Brown as CEO or retaining his services for the firm in any capacity.
But at the resumed hearing of the substantive suit Tuesday, Mr. Arotiowa informed the court that his clients had filed a notice of withdrawal and were no longer willing to continue with the suit.
Also, Seplat’s counsel, Mr. Uzoma Azikiwe (SAN), told the court that his client had filed an appeal challenging the jurisdiction of the court to entertain the suit and prayed the court to suspend all proceedings pending determination of the appeal.
For his part, counsel to Seplat’s CEO, Mr. Kayode Adesina, informed the court that the notice of withdrawal filed by the petitioners was served on him in court after the appeal challenging the jurisdiction of the court had been entered at the Court of Appeal, Lagos Division.
He submitted that the petitioners filed their notice of discountenance on April 18, 2023, but decided to serve the respondents in court.
While not opposing the Notice of Discontinuance, he asked the court to award the sum of N10 million as cost against the petitioners for the delay in serving the notice of discontinuance, which counsel to the petitioners blamed on the court’s bailiff.
In his ruling, Justice Aneke struck out the suit and ordered the petitioners to pay N1 million to the second and third respondents.