A Federal High Court sitting in Ikoyi, Lagos, has restrained the Chief Executive Officer, Seplat Energy Plc, Roger Brown, from parading himself as the firm’s CEO, pending the determination of a motion for interlocutory injunction.
The case was instituted against Mr Brown and others by aggrieved stakeholders of the company over allegations of racism, favouring of expatriate workers, discrimination against Nigerians, and breach of good governance.
The court’s verdict follows the revocation of Brown’s work, visa, and residence permit on March 3.
The court also barred Seplat’s Chairman, Basil Omiyi, and all the independent non-executive directors from “continuing to run the affairs of Seplat in an illegal, unfair, prejudicial, and oppressive manner pending the hearing and determination of the Petitioners’ Motion on Notice for an interlocutory injunction.”
Justice Chukwuejekwu Aneke gave the orders on Wednesday while ruling on a Motion Exparte brought by the aggrieved stakeholders of the company.
The applicants/petitioners in the suit are; Moses Igbrude, Sarat Kudaisi, Kenneth Nnabike, Ajani Abidoye, and Robert Ibekwe, with Roger Thompson Brown, and Basil Omiyi, listed as respondents in the Suit marked, FHC/L/402/2023.
Also, in a separate ex parte application, Justice Aneke granted the petitioners/applicants leave to serve their petition against the defendants, any order of the court and all other processes to be issued subsequently in the matter on Mr Brown and Mr Omiyi by pasting them in the premises of Seplat Energy located at Ikoyi, Lagos.
The court adjourned to March 23, for a hearing of the pending application.
Seplat’s Chairman, Basil Omiyi, and all the independent non-executive directors are barred from continuing to run the affairs of Seplat in an illegal, unfair, prejudicial, and oppressive manner pending the hearing and determination of the Petitioners’ Motion on Notice for an interlocutory injunction.
Applicants’ plea
The applicants had in their Motion on Notice filed by their lawyer, Jeph Njikonye (SAN), prayed the court for a declaration that the affairs of Seplat have been conducted in a manner that is illegal, oppressive and unfairly prejudicial to the petitioners and other members of Seplat as well as being in total disregard to the interest of the petitioners, other employees, and Seplat as a whole.
They equally sought a declaration that by condoning the unlawful, discriminatory, and abusive conduct of the CEO, Roger Brown, the Board Chairman, Basil Omiyi, and the Non-executive Directors have “failed in the discharge of their duties and are unfit to continue to function in the Board of Directors of the first respondent (Seplat).”
The Petitioners also made other pleas, including “An order of mandatory injunction restraining the second respondent (Brown), from parading himself as, or continuing to operate as the CEO of the 1st Respondent (Seplat) or working for Seplat in any other capacity.
“An order restraining Seplat and the Board Chairman from retaining Mr Brown as the CEO of Seplat or retaining his services for Seplat in another capacity whatsoever.”
To support their case, the aggrieved stakeholders attached among other exhibits, a petition to the Minister of Interior against Mr Brown written by employees of Seplat, as well as a letter by the Minister of Interior communicating the Ministry’s decision on the said petition to the company.
Visa, permit revocation
In the March 3, 2023, letter addressed to the Board Chairman of Seplat Energy PLC, signed by one Akinola Adesina for the Minister, marked as Exhibit B, the Ministry of Interior conveyed the revocation of Roger Brown’s Work Permit, Visa, and Residence Permit.
The letter reads: “I write to inform you that the Ministry receives a petition from the Solicitor to the concerned workers and stakeholders of Seplat Energy PLC accusing Mr Rogers Thomson Brown, the CEO of the company of various allegations.
“These accusations include racism, favouring foreign workers and discriminating against Nigerian employees.
Testimony was received from several witnesses, which supported the allegations. Mr Roger T. Brown declined to attend despite two invitations, claiming to be unavailable even though we learnt he was in Abuja for other purposes at the time.
In the March 3, 2023 letter addressed to the Board Chairman of Seplat Energy PLC signed by one Akinola Adesina for the Honourable Minister, marked as Exhibit B, the Ministry conveyed the revocation of Roger Brown’s Work Permit, Visa, and Residence Permit.
The letter reads: “I write to inform you that the Ministry receives a petition from the Solicitor to the concerned workers and stakeholders of Seplat Energy PLC accusing Mr Rogers Thomson Brown, the CEO of the company of various allegations.
“These accusations include racism, favouring foreign workers and discriminating against Nigerian employees.
Testimony was received from several witnesses, which supported the allegations. Mr Roger T. Brown declined to attend despite two invitations, claiming to be unavailable even though we learnt he was in Abuja for other purposes at the time.
“Investigation and records in the Ministry also revealed that Mr Roger Brown was in possession of CERPAC that was not based on a validly issued Expatriate Quota approved by the Ministry of Interior, resulting in the violation of relevant Immigration Laws and Regulations.
“As a result of these, the Honourable Minister has determined that Mr Brown’s continued stay in Nigeria is contrary to the national interest.
“Consequently, the Ministry has withdrawn the Work Permit CERPAC, Visa, Residence Permit and all relevant documents that authorized Mr Roger Thomson Brown’s entry or stay in Nigeria.”
