Federal High Court in Lagos yesterday dismissed an application by Duport Energy Company.
The motion sought to set aside an order restraining Chief MKO Abiola’s daughters – Mrs Mobolaji Kuku, Dr. Wuraola Abiola and two directors – from interfering in the running of an energy developing firm, Duport Midstream Company Limited.
Justice Nicholas Oweibo held there was no urgency to the application.
In a related suit, Justice Ambrose Lewis-Allagoa, earlier restrained Dr. Abiola and three directors of Duport Midstream – Oluwatosin Odusanya, Mobolaji Kuku and Oladipo Adeniyi – from interfering in running the company.
The order, based on a motion ex-parte dated and filed on April 25, restrained the second to fifth respondents and their agents “from interfering in the day-to-day running of the plaintiff /applicant, pending hearing and determination of the Motion on Notice”.
Dissatisfied, Duport Energy sought to set aside the order during vacation, but Justice Oweibo held it was not urgent.
The case was adjourned till August 24 for Duport Midstream’s contempt application.
Earlier, in a sister case, Justice Oweibo set aside an ex-parte order obtained by Duport Energy in a suit it filed over control of Duport Midstream and others.
The court ruled on an application filed by Duport Midstream’s lawyer, Chief Bolaji Ayorinde (SAN).
Justice Oweibo held that Duport Energy obtained the order by misrepresentation and concealment of material facts.
Duport Energy, an 18 per cent shareholder, in concert with others, is allegedly aiming to take control of the management of Duport Midstream Company through its minority shareholding.
It was alleged in a bid to achieve the takeover, the minority directors subjected all decisions regarding the company’s day-to-day running to board deliberations.
Platform Capital Investment Partners Limited, majority shareholder of Duport Midstream Company with 74 per cent shareholding, sought to remove the “disruptive directors” from the board.
But Duport Energy sought to prevent their removal and filed the suit despite the initial suit at the instance of Duport Midstream on the same subject matter.
The latest ruling brings to three orders in favour of Duport Midstream and the Chairman of Platform Capital, Dr. Akintoye Akindele.
Despite the orders, Dr. Akindele remains in police detention based on a petition allegedly by Dr. Abiola and Mr. Odusanya over an unpaid condensate supply invoice.