http://234next.com/csp/cms/sites/Next/News/Metro/Crime/5510729-146/story.cspThe 13 former employees of Belbop Nigeria Limited/Conoil Producing Limited have agreed to dialogue with their former employer in the alleged N8 billion suit instituted against the company, its chairman, Mike Adenuga Junior, and others over the unlawful termination of their employment.
Lift the ban, don't ground our operations
At the resumed hearing before the National Industrial High Court sitting in Lagos on Tuesday, the lead counsel to the defendants, Adetola Kazeem, urged the court to lift the ex-parte order placed on the defendants, restraining it or any of its agents from removing or diminishing its assets in Nigeria, hence grounding the operations of the defendants.
The court on December 18, 2009, issued an order against the defendants, which was served on them by substituted means.
One of the orders reads "An order of Mareva injuction restraining the defendants, their agents, privies, successors-in-title or any other person by whatever designation or title including Neptune Maritime Limited from removing from custody, settling, transferring and or otherwise disposing of the 1st, 2nd, 3rd and 4th defendants' mining equipment and drilling materials, estimated to be worth, in part about six hundred and seventy thousand, five hundred and sixty-six Naira, ninety kobo warehouse in custody of Neptune Maritime Limited at Neptune base, Port Harcourt, River State pending the hearing and determination of this suit."
We are ready for settlement
Mr. Kazeem noted that the defendants are ready to settle with the claimants. He, however, prayed that the ex-parte order issued on the defendants should be lifted.
He noted that the order has had the effect of almost bringing the operations of the company to a halt and if not lifted, the claimants may not be able to have their entitlements at the end of the suit.
"The operation of the defendants is crippled; they cannot sell or export their product. We do not want them to get into a state of coma and not return. The claimants are entitled to something, no matter how little but if we cannot sell and no money is coming in, by the time the suit will be determined we may not be able to give the claimants what they are entitled to," he said.
Settlement and jurisdiction do not go together
Counsel to the claimants, Yemi Osinbajo, the former attorney general of Lagos State, noted that the claimants are also ready to settle out of court,adding that the issue of settlement does not arise in a matter where the jurisdiction of the court to hear the matter is being challenged by the defendants, as noted from the counter affidavit filed by the defendants.
He also urged the defendants to give the claimants a guarantee that if the order of the court is lifted, the defendants will not move their operations from Nigeria.
Mr. Osinbajo further urged the court not to lift the order. He prayed the court for an adjournment to allow the parties dialogue and decide if an amicable settlement can be reach by the parties.
At the end of the arguments on jurisdiction and settlement, the presiding judge, B.A. Adejumo noted that since the defendants intend to challenge the jurisdiction, it cannot lift the order on the defendants since the defendants say the court cannot hear the matter, he stated that all issues will remain the way they are till the jurisdiction issue is determined.
We will withdraw our counter affidavit
When the attention of Mr. Kazeem was drawn to the matter over jurisdiction, he said that the defendants are ready to withdraw the counter affidavit. He then asked the court for time to report on the dialogue between the parties.
Ruling
While giving the ruling, Justice Adejumo, who is also the president of the Industrial Court, noted that the parties have shown interest in settling the matter outside court. He then adjourned the matter to January 25, at the Industrial Court sitting in Abuja for the report of settlement.
"Parties have shown interest and readiness in settling, we will try to see if that matter can be resolved through sincere dialogue, in view of this it is jointly agreed that the matter be adjourned to January 25 in Abuja."
History
Olayinka Bello, Adebayo Dada, Leke Omotosho, Frederick Okpogoro, Evi Oletu, Igbo Efevoghor, Chinemelu Nwosu, Olakitan Ogunkoya, Tony Nwosu, Babatope Fadumo, Akorede Olabanji, Taiwo Oyenekan and Anthony Ugbeh, all former employees of Belbop Nigeria Limited/Conoil producing Limited (formerly Consolidated Oil Limited) had filed a suit against Mr. Adenuga, Belbop Nigeria Limited, Conoil Producing Limited and Continental Oil and Gas Ltd, alleging that their employment was unlawfully terminated.
They noted that all efforts to get the outstanding 80 per cent balance of their severance benefits failed, for which reason they want the defendants to pay their outstanding benefits, accrued monthly consolidated salary and benefit effective from January 1, 2008. well, yours truly has never really thought much of old mike. . . if my memory serves me right - conoil workers are not allowed to be part of any unions - which is why he can pull off this shit in the first place |
