381
By Lizzy Chirkpi
The Federal High Court in Port Harcourt, Rivers State today(Thursday), dismissed an application filed by General Hydrocarbons Limited (GHL) seeking to compel the Deputy Chief Registrar to serve court orders on various parties, including the Nigerian Navy, NUPRC, NIMASA, and the Harbour Master of the NPA. The court ruled that it was “functus officio” as an appeal in the matter had already been entered at the Court of Appeal, thereby stripping it of jurisdiction to entertain the motion.
Justice E. A. Obile in a judgment dismissed the suit for lacking in merit, after vacating his earlier orders for the arrest and detention of the crude oil cargo on board the Floating Production Storage and Offloading (FPSO) Vessel, Tamara Tokoni, belonging to General Hydrocarbons Ltd (GHL).
This latest development marks another turn in the ongoing legal dispute between First Bank of Nigeria Limited and General Hydrocarbons Limited concerning the arrest and detention of a crude oil cargo aboard the FPSO Tamara Tokoni.
General Hydrocarbons Limited had filed a motion ex parte, requesting the court to direct the Deputy Chief Registrar of the Federal High Court, Port Harcourt, to ensure service of existing court orders on all relevant parties to the suit. These parties included critical regulatory and enforcement agencies, highlighting the broad implications of the case.
However, in its ruling today, the Federal High Court held a different view. “This court finds itself functus officio. Once an appeal has been properly entered at the Court of Appeal, the lower court relinquishes its jurisdiction over the substantive matter to the appellate court.”
The judge further elaborated, “To entertain this motion ex parte at this stage would be to overstep the bounds of our current jurisdiction. The application filed by General Hydrocarbons Limited therefore lacks merit and is hereby dismissed.”
Legal experts suggest this ruling underscores the strict adherence of Nigerian courts to procedural rules, particularly when a matter is already before an appellate court.
“This is a clear application of the functus officio principle,” commented Barrister Emeka Nnamdi, a Port Harcourt-based legal analyst. “It means the court has fully discharged its duty in that specific aspect of the case and cannot revisit it. GHL’s focus must now entirely shift to the Court of Appeal.”
Efforts to reach representatives of General Hydrocarbons Limited for comment on the dismissal were unsuccessful at press time. First Bank of Nigeria Limited has also remained tight-lipped on the ongoing legal proceedings.
The substantive appeal at the Court of Appeal is expected to determine the fate of the crude oil cargo on board the FPSO Tamara Tokoni and provide further clarity on the rights and obligations of the parties involved. The legal community will be keenly watching the appellate court’s proceedings for definitive pronouncements on this complex maritime and commercial dispute.