Lagos — The restrained order was granted against the Bureau of Public Enterprises, BPE, the Nigerian Electricity Regulatory Commission, NERC, Scams Energy Limited and four others.
In a suit marked: FHC/ABJ/CS/729/2020 by two stakeholders in JEDC – MBS Merchant Limited and Masanawa Enterprises Co. Ltd – through their lawyer, Mahmud Magaji (SAN), also affected by the court’s order are Aura Energy Limited, Highland Dsco Acquisition Limited, JEDC and Sushi Energy Limited.
Justice Taiwo Taiwo, in an ex-parte ruling, agreed with Magaji that the interest of his clients would be jeopardised should the planned sale of 50 per cent of Aura Energy in JEDC to Highland Disco be effected before the determination of the substantive suit.
The judge granted an order of interim injunction “restraining the defendants/respondents jointly and severally either by themselves or their agents, assigns and privies in whatever name so called from taking any steps culminating in the sale, lease of transferring the 50 per cent shares of Aura Energy Limited in Jos Electricity Distribution Company to Highland Disco Acquisition Limited or any other entity pending the determination of the motion on notice.”
“An order of interim injunction is hereby made restraining the 5th defendant/respondent (BPE), its agents, assigns and privies in whatever name so called from giving its consent to the 2nd defendant/respondent (Aura Energy) with respect to selling, leasing or transferring the 50% shares of Aura Energy Limited in Jos Electricity Distribution Company to Highland Disco Acquisition Limited or any other entity pending the determination of the motion on notice.
“An order of interim injunction is hereby made restraining the 6th defendant/respondent (NERC), its agents, assigns and privies in whatever name so called from giving its consent/approval to the 2nd defendant/respondent with respect to selling, leasing or transferring the 50% shares of Aura Energy Limited in Jos Electricity Distribution Company to Highland Disco Acquisition Limited or any other entity pending the determination of the moon on notice.”
He ordered the plaintiffs to put all the defendants on notice about the orders of injunction granted by the court, adding that the plaintiffs should ensure that all the defendants are served with all the processes, including the writ of summons and the statement of claim.
