Court Adjourns $4.2m Suit Against ExxonMobil, Frowns at Delay Tactics

Wale Igbintade

Justice Rabiu Gwandu of the  National Industrial Court in Lagos has fixed September 30 for further hearing in a $4.2 million suit instituted against a multinational oil company, ExxonMobil Corporation and its parent body, Mobil Producing Nigeria Limited  by its ex-staff, James Nwagbogwu Ebede, over alleged forceful retirement.

When the matter was mentioned for continuation of trial, counsel for ExxonMobil, Paul Usoro, SAN, was in court to cross examine the claimant who has given evidence and closed his case since last year.

But, Ituah Imhanze leading two other lawyers for Mobil Producing Nigeria Unlimited told the court that he filed an amended statement of defence against the consequential amendment statement of claim of the claimant.

However, claimant’s lawyer, Chucks Uguru told the court that he will not be opposing the amendment but urged the court to impose a cost of  N750,0,000 on the Mobil Producing  company, contending that the claimant filed his amended statement of claim since 18th of March,2022.

 Uguru stated that the only reason the defendants have not filed their statement of defence was for the purpose of delaying the case which was filed about five years ago.

He told the court that the case had suffered series of adjournments at the instance of the defendants.

Uguru further told the court that the business of the day was for the claimant to be cross-examined by the defence counsels but this is another dilatory.

Consequently, he urged the court to grant them two hearing days if the case is to be adjourned after the application must have been heard.

In her ruling, the trial judge, Justice H Gwandu, after Mr. Imhanze granted the application for amended statement of defence, and ordered Mobil Producing Nigeria company to pay the cost of N500,000, which must be paid before the next adjourned date.

Thereafter, Justice Gwandu adjourned the matter till 30th and 31st of September 2023 for continuation  of hearing.

In a statement of fact filed before the National Industrial Court on behalf of the claimant, stated that he worked with the company from December, 2001 to 2018 as an engineer and that because of his consistent excellent performance, he was at various times given important responsibilities.

He averred that in 2015 he was deployed to Dubai with the posting to last till December 2017 but that he was forcefully redeployed back to Nigeria and retired because he refused to carry out alleged dishonest actions that he was being compelled to do by the manager of ExxonMobil while on assignment in the United Arab Emirates and Iran.

According to him, on his return to Nigeria, further punitive actions were taken against him leading to his forceful retirement.

He alleged that the company attempted to compel him to employ unqualified engineer and that on several occasions, attempts were made to compel him to sign off uncompleted and poorly executed project as completed, among others.

The claimant alleged that upon return from Iraq, he provided the defendants details of the unethical and immoral acts he was being coerced to do for which he was being unjustly treated.

He said the defendants constituted a team and got further details from the claimant, and promised more documents upon the receipt of the claimant’s personal belongings shipped by the defendants for the claimant.

The claimant further alleged that when his shipment arrived Nigeria, he was shocked that the defendants were unwilling to either clear the shipment from the ports or handover the original Bill of Lading to the claimant such that the claimant can go and clear the container containing his personal belongings.

The claimant alleged that since 6th September 2017, the defendants have continued to hold on to the shipment containing his personal belongings and he believes it is in the defendants bid to subvert the course of justice.

Consequently, Mr. Ebede is claiming $4.2 million as general damages for the emotional stress he had suffered;

N114,992,096 being the equivalent of 32 months salary which the defendant ought to pay him for his forceful retirement and also demanding published public apology in two daily newspapers and two international newspapers.

However, the defendants in their preliminary objection urged the court to decline jurisdiction to entertain the suit on the ground that the ExxonMobil company is an entity incorporated under the laws of the United States of America, saying that the Nigerian court lacked jurisdiction to entertain the matter.

In her ruling, the presiding judge, Justice R. H. Gwandu, while adjourning for hearing held “I hold that this court has the jurisdiction to adjudicate on issues contained in the claimant’s suits both by subject matter and territory, the claimant having shown sufficient cause of action against the defendant.”