Court to hear suit seeking refund of N140bn to Nigerian Govt on OVH energy deal

A High Court of the Federal Capital Territory, FCT, has okayed for hearing, a suit seeking the refund into the coffers of the Federal Government, over N140 billion connected to the acquisition of OVH Energy by the Nigerian National Petroleum Company Limited, NNPCL.

The suit marked: CV/3104/2025, which was brought before the court by the Incorporated Trustees of Legal Defence Against Injustice Initiative, is seeking the determination of two issues and the grant of five principal reliefs.

NNPCL’s Chief Financial Officer and its former Executive Vice President, Downstream, Mr. Dapo Segun, the Economic and Financial Crimes Commission, EFCC, and the Attorney-General of the Federation, AGF, are listed as the 1st, 2nd and 3rd respondents in the suit filed under public interest litigation.

Issues listed for determination by the plaintiff, through its team of lawyers led by Mr. Festus Ugo, are: “Whether in view of Section 15 (5) of the amended 1999 Constitution of the Federal Republic of Nigeria, the 1st Defendant is not personally liable to account for and refund to the coffers of the Federal Government of Nigeria through the 2nd and 3rd Defendants the total sum of $325.09 million (N140.559 billion) which was paid by the Nigerian National Petroleum Company Limited under the remit of the 1st Defendant as the Executive Vice President, Downstream in connection with the acquisition of the of OVH Energy by the Nigerian National Petroleum Company Limited?

“Whether in view of Section 15 (5) of the amended 1999 Constitution of the Federal Republic of Nigeria, the 1st Defendant is not personally liable to account for and refund to the coffers of the Federal Government of Nigeria through the 2nd and 3rd Defendants, the total sum of Five Trillion Naira which was paid by the Nigerian National Petroleum Company Limited under the remit of the 1st Defendant as the Executive Vice President, Downstream for rehabilitation of the Port-Harcourt and Warri Refineries?”

Upon determination of the legal questions, the plaintiff prayed for: “A declaration of this Honourable Court that in view of Sections 15 (5) of the amended 1999 Constitution of the Federal Republic of Nigeria, the 1st Defendant is not PERSONALLY liable to account for and REFUND to the coffers of the Federal Government of Nigeria through the 2nd and 3rd Defendants the total sum of $325.09 million (N140.559 billion) which was paid by the Nigerian National Petroleum Company Limited under the remit of the 1st Defendant as the Executive Vice President, Downstream of the Nigerian National Petroleum Company Limited in connection with the acquisition of the of OVH Energy by the Nigerian National Petroleum Company Limited.

“A declaration of this Honourable Court that view of Sections 15 (5) of the amended 1999 Constitution of the Federal Republic of Nigeria, the 1st Defendant is not PERSONALLY liable to account and REFUND to the coffers of the coffers of the Federal Government of Nigeria through the 2nd and 3rd Defendants the total sum of Five Trillion Naira which was paid by the Nigerian National Petroleum Company Limited under the remit of the 1st Defendant as the Executive Vice President, Downstream for rehabilitation of the Port-Harcourt and Warri Refineries.

“An order of this Honourable Court directing the 1st Defendant to pay FORTHWITH into the treasury of the Federal Government of Nigeria [through the 2nd and 3rd Defendants] the total sum of $325.09 million (N140.559 billion).

“An order of this Honourable Court directing the 2nd and 3rd Defendants to FORTHWITH prosecute 1st Defendant in relation to the roles he played in connection with the acquisition of the of OVH Energy by the Nigerian National Petroleum Company Limited and rehabilitation of the Port-Harcourt and Warri Refineries.”

The plaintiff is also asking the court for an order of perpetual injunction barring the 1st defendant from holding any public office in the Federal Republic of Nigeria.

The suit is coming on the heels of recent revelation by the EFCC that it has recovered some funds that were diverted by both contractors and key officials of the NNPCL.

In a separate ex-parte application, the plaintiff prayed the court to issue an order suspending the 1st defendant from office as the Chief Financial Officer, CFO, of the NNPCL.

The plaintiff equally wants an order mandating the 1st defendant to within 48 hours of the service of the order on him, declare on oath and file with the Registry of the court, the list of all companies he has interest in or occupy the position of a Director; Forms CAC7 & CAC 7A of such companies; memorandum and article of Association of such companies and evidence of filing Annual Returns with the Federal Inland Revenue Service and Corporate Affairs Commission from 2019 to date.”

The court was in the same vein urged to compel the 1st defendant to submit the Audited Financial Statement of such companies from 2019 to date; Self-Assessment Forms filed with the FIRS; Individual Tax Clearance Certificate from 2019 to date; list of bank accounts details of such companies (if any); list of individual bank accounts (both domestic and foreign) and list of moveable and immoveable properties (both developed and undeveloped) within Nigeria and outside Nigeria.

Meanwhile, no date has been fixed for the matter to be heard.