1. The Shell Petroleum Development Company of Nigeria Limited
2. Total E&P Nigeria Limited
3. Nigerian Agip Oil Company Limited … … …Respondents
(Substituted by the Order of the Court of Appeal dated 17/3/2011)
(Lead Judgement delivered by Honourable Ejembi Eko, JSC)
Facts
The Respondents and the Nigerian National Petroleum Corporation (NNPC), were parties to a Joint Operating Agreement (JOA) in relation to Oil Mining Leases (OML) 18, 24, 25 and 29. The Appellant was not a party to the JOA, just as NNPC was not a party to the Agreement for Assignment (“the SPA”) of 45% Undivided Participating Interest in OML 25 owned jointly by the Respondents.
Sometime in June 2013, the Appellant became aware that the Respondents were considering divesting their 45% Undivided Participating Interest in OMLs 18, 24, 25 and 29 and receiving expression of interest from credible organisations, the Appellant therefore, expressed its interest in OMLs 24 and 25, demonstrating financial and