The Federal High Court in Port Harcourt, Rivers State, has granted a Mareva injunction restraining Fairmont Petroleum Limited from withdrawing, transferring, or dissipating funds in its bank accounts over an alleged debt of $274,620 and N256,976,600 owed to PP Energy Suppliers Limited.
Justice Phoebe M. Ayua made the order in suit marked FHC/PH/CS/157/2026, following an ex parte application filed by ThankGod E. Nwugha, counsel to PP Energy Suppliers Limited.
In the motion ex-parte, the plaintiff sought an order restraining the defendant from withdrawing or tampering with funds in its bank accounts up to the value of the alleged indebtedness, pending the hearing and determination of the Motion on Notice.
PP Energy Suppliers also asked the court to restrain Fairmont Petroleum from dealing with, transferring, selling, or otherwise dissipating its movable and immovable assets, shares, and funds held in any financial institution.
Furthermore, the plaintiff requested an order directing all commercial banks in Nigeria to disclose, on oath, the balances standing to the credit of Fairmont Petroleum within seven days of being served with the court order.
In urging the court to grant the prayers, Nwugha submitted that the outstanding sums represented hire charges for the use of the plaintiff’s vessel, MV Ocean Lady Tiana, for mooring, pushing, towing marine equipment, and other professional services rendered to Fairmont Petroleum.
Counsel informed the court that the services were rendered from 777 Jetty, Port Harcourt, to Fairmont Petroleum’s operational base at Cawthorne Channel 1 and Bonny Anchorage, within Port Harcourt’s coastal and territorial waters.
The motion was brought pursuant to Section 251(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Sections 2(3)(f) and (1) of the Admiralty Jurisdiction Act; Orders 1 and 21, Rule 9 of the Admiralty Jurisdiction Procedure Rules, 2023; Orders 26, 28, and 30 of the Federal High Court (Civil Procedure) Rules, 2019; and the court’s inherent jurisdiction.
After considering the affidavit of urgency and an affidavit in support deposed to by Patrick Otuya, as well as the submissions of Nwugha-who led H. Aigbiremolen Esq. and N. C. Kanu Esq.-Justice Ayua granted the Mareva injunction.
Specifically, Justice Ayua issued the following orders: ‘An order of Mareva injunction of this Honourable Court is made restraining the Defendant from withdrawing, tampering with, or otherwise dissipating the funds in its bank accounts in any bank or other financial institutions within Nigeria up to the sum of $274,620.00 and N256,976,600.00 respectively, being the outstanding hire sum accruable to the Plaintiff’s vessel, MV Ocean Lady Tiana, for mooring, pushing, and towing the Defendant’s marine equipment and other professional services rendered from 777 Jetty, Port Harcourt, to the Defendant’s operational base at Cawthorne Channel 1 and Bonny Anchorage, within the territorial waters of Nigeria and the jurisdiction of this court, pending the hearing and determination of the Motion on Notice.
‘An order of this Honourable Court for a Mareva injunction is made restraining the Defendant from dealing with, dissipating, transferring, selling, or otherwise tampering with any assets (be it movable or immovable), shares, or funds in any financial institution, pending the hearing and determination of the Motion on Notice.
‘An order of this Honourable Court is made directing the Plaintiff/Applicant to serve the Defendant with the Summons, Ex Parte Order, Writ of Summons, Motion on Notice, and the Order of Mareva Injunction before the next adjourned date of September 30, 2026, for the hearing of the Motion on Notice.
‘Hearing Notice shall be issued and served on the Defendant/Respondent before the next adjourned date.’