Nigerian High Court Reverses Self, Vacates Order Removing Seplat CEO Over Alleged Racism

In March 2023, the court restrained Brown from parading himself as the firm’s CEO pending the determination of a suit filed against him and others by aggrieved stakeholders of the company.

A Federal High Court sitting in Lagos has reversed itself as it vacated its interim order in which it had restrained Mr Roger Brown from parading himself as the Chief Executive Officer (CEO) of Seplat Energy Plc.

In March 2023, the court restrained Brown from parading himself as the firm’s CEO pending the determination of a suit filed against him and others by aggrieved stakeholders of the company.

SaharaReporters had reported that the aggrieved stakeholders including Moses Igbrude, Sarat Kudaisi, Kenneth Nnabike, Ajani Abidoye, and Robert Ibekwe, accused Brown of racism, favouritism for expatriate workers, discrimination against Nigerians and breach of good governance code.

It was also reported that the Nigerian government revoked Brown’s work permit, visa and residence permit over the allegations.

But The Punch reports that Justice Chukwuejekwu Aneke on Thursday vacated the order when he ruled on applications filed by the respondents, which included Seplat Energy Plc, Brown, Mr. Basil Omiyi, and other persons affected by the ex parte orders in Suit No. FHC/L/402/2023.

It was gathered that Justice Aneke explained that he vacated the interim order issued on March 8, 2023, based on the provisions of Order 26 Rules 9 and 10 of the Federal High Court Civil Procedure Rules 2019.

Brown and the other respondents had in their various applications prayed the court to set aside the restraining orders, as they argued that the petitioners lacked locus standi to file the suit.

They also challenged the jurisdiction of the court to entertain the suit on grounds that the complaints of the petitioners fall under the exclusive jurisdiction of the National Industrial Court and maintained that the interim orders were granted against persons that were not parties to the suit.

Justice Aneke in his ruling on Thursday, however, dismissed the argument by the respondents that the petitioners had no locus standi to file the suit and that the court had no jurisdiction to entertain the case.

He said, “I find, as a fact, that the petitioners’ grouse can adequately be accommodated under the provisions of Section 354 of the Companies and Allied Matters Act, CAMA which falls within the jurisdiction of this court.

“I find and hold that the petitioners have locus standi to bring the petition before the court. Furthermore, this court has jurisdiction to adjudicate on the suit as it falls within the provision of Section 251 of the Constitution.”

The judge, however, said he found merit in the prayer to vacate the interim order restraining Brown.

“By virtue of Order 26 Rules 9 and 10 of the Federal High Court Civil Procedure Rules 2019, the interim orders of the court made on March 8, 2023, are hereby discharged and vacated,” he said.

Justice Aneke thereafter adjourned the matter till May 16, 2023, for further hearing.