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Wednesday, December 13, 2006
PRESS RELEASE FOR IMMEDIATE USE
EPNL ASKS COURT TO SET ASIDE JUDGEMENT ON TAX REMITTANCES
SUIT No. PHC/962/2006 : Rivers State Board of Inland Revenue v Elf Petroleum Nigeria Limited.
On 7th December 2006, a Port Harcourt High Court, presided over by Enebeli J., delivered judgement in the above suit against Elf Petroleum Nigeria Limited (EPNL). The court ordered EPNL to pay the sum of Two billion, eight hundred and eighty-three million, seven hundred and eighty-two thousand, three hundred and fifty-four Naira and thirty-two Kobo (N2,883,782,354.32) to Rivers State Government representing an alleged shortfall of PAYE and Withholding tax remittances to the Rivers State Government from 1999 to 2004. It also ordered the seizure of goods and chattels of the Defendant by the Plaintiff, until payment is made.
EPNL’s search at the High Court registry revealed that this suit was filed against EPNL on 27th July 2006 under the Undefended List. On 6th October 2006, the RSBIR obtained an ex parte Order of Court to serve the writ of summons and other processes in the suit on the Defendant (EPNL) outside jurisdiction, at its corporate offices at No. 35, Kofo Abayomi Street Victoria Island, Lagos.
The writ of summons and other processes in the suit were allegedly served by a bailiff of the Lagos High Court on October 19th 2006, on one "Ebere, Secretary of the Defendant at No 35 Kofo Abayomi Street, Lagos". This purported service is highly questionable as EPNL has no staff named “Ebere” in its Lagos office and was in fact NEVER served with any process in this suit – whether at its offices in Lagos, Port-Harcourt or anywhere else in Nigeria for that matter.
The Rules of Court require that the Defendant must be served with the relevant court processes before the court may assume jurisdiction over the matter before it. It would therefore appear that Judgement was fraudulently obtained against EPNL.
EPNL has filed a Motion on Notice under the Rules of Court to SET ASIDE the Judgement of the court on the ground that the Court lacked jurisdiction to hear the matter as EPNL was NOT served with the processes in the suit. This matter has been set down for hearing on Wednesday, 10th January 2007.
Attached is the Motion on Notice filed in Court together with the supporting Affidavit.
EPNL categorically denies that it owes the sum of N2,883,782,354.32 or indeed any other amount to the RSBIR.
EPNL, as a respectable and law abiding corporate citizen, will in all circumstances ensure appearance and defend its position in any suit filed against it in any court of law, provided that it is properly served with the relevant court processes.
MANAGEMENT
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For further information, contact:
Fred Ohwahwa, Manager – Media & Corporate Affairs
Tel: + 234 –09- 5233300
Mobile: 0803 304 2313
E-mail: [email protected]
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Note to Editors:
Elf Petroleum Nigeria Limited (EPNL) is a subsidiary of the Total Group of companies. Total is the fourth largest Oil and Gas Company in the world with operations in more than 100 countries. The group’s activities span all aspects of the energy industry, from oil and gas exploration and production to downstream refining and marketing of oil and gas products. More information about the Total Group can be found on the website: www.total.com
Incorporated in Nigeria in May 1962, EPNL is one of the major players in the exploration, development and production of Nigeria’s abundant hydrocarbon resources. With offices in Lagos, Abuja and Port Harcourt, the company has made significant contributions to the socio-economic development of the country and to improving the standard of living in the communities where it operates.
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