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ABUJA, NIGERIA – The Supreme Court of Nigeria on Friday ordered the immediate release and transfer of the crude oil aboard the FPSO Tamara Tokoni to General Hydrocarbons Limited (GHL), overturning an earlier judgment of the Court of Appeal and bringing the prolonged legal battle over the asset to an end.
In a unanimous decision delivered by a five-member panel of the apex court, the justices directed the Chief Registrar of the Court of Appeal and the Admiralty Marshal to hand over the crude cargo on the FPSO Tamara Tokoni to General Hydrocarbons without delay.
The Supreme Court held that the dispute initiated by First Bank of Nigeria (FBN) arose from a contractual relationship and did not qualify as an admiralty matter under Nigerian law. On that basis, the court ruled that both the Federal High Court and the Court of Appeal lacked the jurisdiction to hear and determine the case.
The apex court subsequently allowed the appeal filed by General Hydrocarbons Limited and set aside the entire judgment of the Court of Appeal, describing the lower court’s decision as fundamentally flawed and unsustainable.
Justice Habib Abiru delivered the lead judgment on behalf of the panel, which comprised Justices Uwani Musa Aba-Aji, Mohammed Baba Idris Salawa, Emmanuel Agim, Chidiebere Uwa and Habib Abiru.
Legal observers say the verdict marks a major victory for General Hydrocarbons Limited and establishes an important judicial precedent on the limits of admiralty jurisdiction in matters arising from contractual disputes.
The ruling effectively ends the legal contest surrounding the FPSO Tamara Tokoni crude oil and reinforces the principle that commercial contractual disagreements cannot be treated as admiralty matters unless they fall within the specific provisions governing maritime jurisdiction in Nigeria.
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