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Court adjourns case against Shell

A Federal High Court sitting in Lagos on Thursday adjourned till February 3 further hearing in the suit filed by a Lagos-based arms dealer, Gabriel Akinluyi, against Shell Petroleum Development Company (SPDC).

Mr Akinluyi had in 1994 sued SPDC over an alleged breach of contract on arms deal. The plaintiff, who also joined XM Federal Ltd and one Mr V. Oteri in the suit, wants the defendants to pay him the sum of $2 million (about N300 million) for the services he rendered.

He also sought a declaration that by the letters dated April 4, 1994, from Shell to its agents, the Inspector General of Police(IGP) letter dated April 24, 1994 from Shell to its agents, should act as two binding and enforceable contracts to him.

The plaintiff also sought the sum of $216,262.31 or its naira equivalent being damages for breach of the said contract with interest rate of 21 per cent per annum from October 1, 1994 until payment is made.

However, the defence said they never at any time sought the assistance of the plaintiff in securing approval of the arms upgrade from the IGP or agreed to pay any compensation to him.They contended that the plaintiff did not play any role whatsoever in securing the approval contained in the IGP’s letter dated July 27, 1994 or any approval at all.

At the resumed hearing of the case on Thursday, Akinluyi, under cross-examination by the defence counsel, Olu Daramola (SAN), said that he facilitated the contract and supplied some arms to Shell.“I was told that I would be paid some percentage in facilitating and ensuring that the IGP grants the approval to Shell for Spy Police Quota and Semi Automatic weapons upgrade in July 1999,” he said.

According to him, when the defendant failed to pay, he secured the consent of his foreign partners, XM Federal Limited, the first plaintiff in the matter, to file the suit against the defendants.

He also said he had a contract with SPDC through the IGP which directed him to send quotations and invoice to the defendants.

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