By Correspondent in Abuja.
Malabu Oil & Gas Limited has approached the Federal High Court in Abuja, seeking an order declaring its deregistration by the Corporate Affairs Commission (CAC) null and void.
The oil and gas firm, reportedly co-owned by Mohammed Abacha, son of the late Head of State, Gen. Sani Abacha, and others, has been embroiled in a prolonged boardroom crisis.
According to the News Agency of Nigeria (NAN), the company filed the originating summons marked FHC/ABJ/CS/2137/2025, naming the CAC as the sole defendant for allegedly deregistering it over non-filing of annual returns.
In the fresh suit filed by its counsel, Reuben Atabo, SAN, Malabu is seeking an order directing the CAC to restore its name to the register of companies pursuant to Section 692(6) of the Companies and Allied Matters Act (CAMA) 2020.
Atabo also prayed the court to grant a perpetual injunction restraining the CAC from further deregistering or striking off the company’s name from the register.
He further sought a declaration that, given that the company’s management and control are currently the subject of litigation in various courts, it was improper for the CAC to strike off the company’s name under Section 692(3) of CAMA.
The lawyer listed several ongoing cases involving the company, including FHC/ABJ/CS/51/2010, FHC/ABJ/CS/14/2017, FHC/ABJ/CS/816/14, CR/151/2020, and FHC/ABJ/CR/268/2016.
In an affidavit personally deposed to by Mohammed Abacha, he stated that he was one of the original subscribers to the company’s Memorandum and Articles of Association and remains a serving director. He said he had the consent of the board to swear to the affidavit.
Abacha explained that he, along with Kweku Amafagha and Hassan Hindu Wakili Adamawa, incorporated Malabu Oil & Gas Limited in April 1998, with RC No: 334442, and that the company was granted Oil Prospecting Licence (OPL) 245 by the Federal Government through the then Department of Petroleum Resources.
He said that during his detention between September 1999 and September 2002, certain alterations were made at the CAC affecting his shareholding and directorship without his knowledge or consent.
Between 2005 and 2011, Abacha said he instructed his lawyer to write to the CAC over the alleged alterations, and when the issue was not resolved, he filed a suit before Justice Gabriel Kolawole (now of the Court of Appeal) in suit no: FHC/ABJ/CS/51/2010.
He alleged that while several court cases were still pending, the CAC failed to notify Malabu that the caveat placed on its file—which prevented the filing of annual returns—had been lifted. He added that the Commission also failed to publish any notice of intention to strike off the company’s name, contrary to the law.
Abacha contended that the CAC’s action violated Section 692(3) of CAMA 2020 and was “unlawful, illegal, null and void.”
He further stated that denying the reliefs sought would cause grave prejudice to the company, while the CAC would suffer no harm if the reliefs were granted.
No date has been fixed for hearing as of the time of filing this report.
Edited by Dada Ahmed.
