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Court vacates order freezing Capital Oil & Gas assets

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There was reprieve for embattled Chief Executive Officer of Capital Oil and Gas limited, Chief Ifeanyi Ubah on Wednesday, as the Federal High Court, Abuja Division discharged its earlier order freezing the company’s assets worth more than N48bn over debts owed the Asset Management Corporation of Nigeria (AMCON).

The court presided over by Justice Abdul Kafarati had issued the interim order on 13th November. But vacating the order yesterday, Justice Abdul Kafarati advised AMCON and Capital Oil and Gas limited to resolve their dispute amicably in the interest of the general public. The Judge said the dispute did not serve any useful purpose for both the plaintiff and respondents.

The dispute had led to a sharp drop in supply of petroleum products particularly, Premium Motor Spirit (PMS), popularly known as petrol, in Lagos and Abuja.

 “It is not in dispute that Capital Oil & Gas limited business was in progress before the order was issued on November 13, 2012. And since the order was made, neither the plaintiff nor defendants has gained from it. If the defendant does not gain anything from the closure of Capital Oil and Gas business, it is only prudent to allow the defendant to operate its business and generate money to pay the debt,” the judge said.

“Other reasons why the order should be revisited or vacated are that it is an interim order meant to be discharged after 14 days. AMCON Act, under which the order was issued, cannot override the constitution of the Federal Republic of Nigeria.”

However, the judge conceded that the AMCON Act is a special statute which essence is not to destroy but to ensure that debtors settle their debts. Justice Kafarati also declined to make preservative order for the products in the company oil farm. Instead, he ordered AMCON to submit a formal application for the order.

Chairman and Chief Executive Officer of Capital Oil and Gas Limited, Ifeanyi Uba described the decision as a victory for the public who have been hit with acute shortfall in the supply of fuel since the dispute began, and assured that the products would soon be available.

A counsel in the defence team, Orji Nwafor Orizu complained on the propriety of singling out Capital Oil and Gas Limited for prosecution out of about 100 debtor-companies listed by AMCON. He alleged that some powerful persons are interested in cornering the assets of Capital Oil and Gas Limited.

A Federal High Court sitting in Abuja had on Friday fixed 11th December for the ruling, after counsel to Capital Oil and Gas Limited, Chief Wole Olanipeku (SAN) argued for the application to discharge the interim order, which was stoutly opposed by a team of counsel for plaintiff.

Ubah and Capital Oil and Gas Industries Limited were among the 113 companies and 419 directors/shareholders that the Central Bank of Nigeria (CBN) listed as AMCON debtors.

Already, the banks have been barred from extending further credit to the debtor-companies and their directors until they repay their loans.