OREROKPE/Nigeria: In a significant legal development, Justice Joe Egwu of the Delta State High Court in Orerokpe has ruled, dismissing a motion filed by Opeans Nigeria Limited seeking to include the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) as a defendant in an ongoing lawsuit.
The lawsuit, which has garnered attention for its intricate nature, involves Opeans Nigeria Limited, the American Petroleum Institute (API), Veriforce Limited Liability Company, and the Attorney-General of Delta State.
Opeans Nigeria Limited had contended that the inclusion of NUPRC was imperative to the proceedings. However, their application faced a formidable challenge rooted in Sections 307 and 308 of the Petroleum Industry Act 2021. These sections stipulate that NUPRC cannot be sued or joined to a lawsuit without prior service of a proper pre-action notice.
The court, in a decision that has far-reaching implications, concurred with the plaintiff’s assertion that there was no cause of action against NUPRC in the specific case. This led to the dismissal of Opeans Nigeria Limited’s motion, prompting a pivotal turn in the legal proceedings.
At the heart of this legal battle lie allegations of Opeans Nigeria Limited issuing counterfeit American Petroleum Institute (API) and Veriforce BOSIET certificates, certificates that lack the approval of the respective institutions. Opeans Nigeria Limited has been falsely claiming the endorsement of API and Veriforce for their training programs and certificates, despite the absence of formal accreditation from these institutions. Particularly alarming is their issuance of BOSIET certificates under the guise of API and Veriforce approval.
Contrary to Opeans Nigeria Limited’s claims, API, a reputable authority in the oil and gas industry, has unequivocally denied any endorsement or accreditation for Opeans’ BOSIET certification. This denial only serves to underscore the serious allegations against the defendants, exposing Opeans Nigeria Limited’s deceptive assertions about their association with API.
The BOSIET certification, integral to the safety and competence of individuals in the offshore domains of the Oil and Gas industry, has been jeopardized by the fraudulent issuance of these certificates. This not only compromises the credibility of the certification process but also poses a substantial risk to the safety of workers and the industry as a whole.
With the court’s decision to reject Opeans Nigeria Limited’s bid to include NUPRC in the lawsuit, the case is now poised to proceed without the involvement of the regulatory commission. Marking a crucial juncture in this legal saga, the court has scheduled October 18, 2023, as the date for the ruling on the Interlocutory Injunction. This ruling carries substantial implications for the future of Opeans Nigeria Limited, as the plaintiff seeks an order to restrain the company from continuing to administer the BOSIET certification.
Justice Joe Egwu’s ruling underscores the intricacies of this legal dispute and the utmost significance of adhering to established legal protocols. As the case advances, both parties will present their arguments and evidence to substantiate their claims. The impending ruling on the Interlocutory Injunction promises to be a pivotal moment, one that will decisively shape the outcome of the case and its implications for all parties involved.
