MR. MARVIN FAITHFUL AWARA V. ALAYE ALALIBO
June 18, 2025THE FEDERAL GOVERNMENT OF NIGERIA & ORS VS ZEBRA ENERGY LIMTED
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 13312
In the Supreme Court of Nigeria
Fri Dec 13, 2002
Suit Number: SC.268/2001
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
1. THE FEDERAL GOVERNMENT OF NIGERIA2. THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA3. ALHAJI RILWANU LUKMAN(THE PRESIDENTIAL ADVISER ON PETROLEUM AND ENERGY)4. DR. ABOKI ZHAWA(PERMANENT SECRETARY MINISTRY OF PETROLEUM RESOURCES)5. DR. W.F. DUBLIN GREEN(DIRECTOR, DEPT. OF PETROLEUM RESOURCES)6. DR. CHRISTOPHER KOLADE (CHAIRMAN, PANEL OF REVIEW OF CONTRACTS, LICENCES AND APPOINTMENTS)7. ATTORNEY-GENERAL OF THE FEDERATION APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent’s application for allocation of Offshore Oil Blocks was approved and was subsequently granted a grace period to complete balance payment for Signature Bonus and Reserved value. The allocation was revoked during the grace period.
HELD
The court held (Ejiwunmi JSC dissenting) that there was a binding contract in existence between the parties and the license could not be revoked prior to the expiration of the grace period already granted.
ISSUES
1. Does the trial court possess jurisdiction to entertain this suit in view of the Public Officer Protection Act Cap. 379. LFN 1990.2. Was the Court of Appeal right in affirming the refusal to allow the appellant to use the counter affidavit and did this not amount to a violation of the appellants’ right to fair hearing?3. Was there an existing contract between the parties as at 8th July, 1999?4. Was the Court of Appeal right in affirming the trial court’s holding that the provisions of the Petroleum Act Cap 350. LFN 1990 applied in the circumstance of this case?5. Did the 6th appellant’s panel violate the principles of natural Justice and the rules of fair hearing in this matter?6. Was the Court of Appeal right in affirming the judgment of the trial court, which granted reliefs either not sought or claimed or which were inappropriate in the circumstance??
RATIONES DECIDENDI
EXTENT OF THE APPLICATION OF PUBLIC PROTECTION ACT
The Public Officers Protection Act does not apply in cases of recovery of land, breaches of contract, claims for work and labour done, etc – Mohammed J.S.C.
EFFECT OF EXTENSION OF TIME WHERE TIME IS OF ESSENCE IN CONTRACTS
Where time is of the essence of a contract the innocent party who has set a new time within which the contract can be performed is deemed to have affirmed the contract and set a fresh period of performance- Ayoola J.S.C
CASES CITED
Luxor (Eastbourne) Ltd. V. Cooper (1941) A.C. 108Errington v. Errington and Woods (1952) I All E.R. 149 Abbott v. Lance (1860) Legge 1283 NSWFCPermanent Secretary Ministry of Works E.T.C. & Anor. v. Balogun (1975) N.S. C C. 292.Nigerian Ports Authority v. Construction Generali Farsura Cogefar SPA and Anor. (1974) All NLR 945 at 955
STATUTES REFERRED TO
The Petroleum Act
