$4.2million claim against ExxonMobil: Court fix July 7,for definite hearing
Written By Dedeigbo Ayodeji Samson
Posted By Town Crier News Nigeria
Published By Fitness Network Communications
The Presiding Judge of National Industrial Court in Ikoyi, Lagos, Southwest Nigeria Justice H.Gwandu has adjourned till 7th of July,2023 for definite hearing the $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 forceful retirement.
Last Friday,the hearing of the case supposed to resume,but the lead counsel, for the defence Paul Usoro SAN was absent but sent a written letter to the court, through one of his counsels Mrs Esther Samuel that he may not be able to come to court that day as he was busy attending to election petition matters at the election petition tribunal,and that the cases are time bound therefore ask for adjournment.
However,James Ebede’s counsel, Barrister Chucks Uguru objected to any adjournment been given on the ground that,the case has lingered for long time since 2018 and his client has no access to his property as they have all been locked up, therefore his client who has given evidence should be cross examined or the defence should forfeit the right of cross Examination.
Secondly,the defendants are in contempt of the court, because they have not obey the order of court, that directed them to deposit $4.2million money in an interest yielding account.
In addition,Mr.Nguru cited the case of Malari versus Leigh 2019 Nigeria weekly Law Report part 1659″
Parties to a civil matter should know that where they prosecute or defend a matter in a representative capacity, as in this case with the applicants, they have every right to assign anyone of them to step into the shoes of the one who handles their litigation, where, if exigencies demand, for instance, sickness or other debilitating factors, the latter is unable to proceed with the assignment given to him by those he represents.
It is even more dangerous where a party or litigant insists that only particular counsel from a law firm that must handle his matter in court if, God forbids, counsel dies or is permanently indispose This,I believe is one of the instances where a party must take a quick effective and spontaneous decision in relation to the way and manner counsel handles his case otherwise he must bear the consequence”
Consequently,Mr Uguru,told the court that Paul Usoro has a big law firm with retinue of lawyers who can adequately represent him,
