By Jimitota Onoyume

A Federal High Court in Abuja has adjourned to July 7, 2025 , for hearing on a suit by a group  challenging the action of Nigerian National Petroleum Company limited, NNPCL,  Mele Kyari and others over award of  pipeline surveillance security  jobs n the Niger Delta.

The court also ordered that hearing notices be issued and served on all the defendants not present on June 11, 2025.

Recalled that a group, AGIP contractors,    representing  indigenous contractors from oil and gas-producing communities in the Niger Delta, had in 2020 dragged the NNPCL, Kyari, and others to court alleging among others  an unlawful bidding process relating to the award of pipeline surveillance security contract  in Niger Delta.

The Agip Contractors stated that  in 2020, the NNPCL and Kyari allegedly awarded  pipeline surveillance security contract to Tantita Security Services Limited and others without due process,  particularly allegedly  adhering to the provisions of Section 15 of the Nigerian Oil and Gas Industry Content Development Act 2010.

They alleged   that this was” despite receiving several letters of interest from the 1st to 7th plaintiffs (AGIP contractors and other indigenous companies and directors,  ) requesting to be included in the bidding process in line with the Act”.

The plaintiffs alleged that the NNPCL deliberately violated relevant laws by excluding them from participating and benefiting from the bidding and award processes of the  contract, contrary to the provisions of the Content Act.

They further alleged that “the surveillance security contracts awarded by the 1st and 2nd respondents (NNPCL and Kyari) were done in complete violation of the laws governing the oil and gas industry, due to their personal interests;  and excluded the plaintiffs,  qualified to perform such duties as Nigerian companies.

They went ahead to  ask  the Court to, among others., “compel the NNPCL to give full and fair opportunity to them  to benefit in the bidding/award of the surveillance security contracts initially awarded to Tantita Security Services Limited and others.”

NNPCL and Kyari filed associated processes, including a

counter-affidavit .

They asked the court to disregard  the plaintiffs’ assertions as “untrue, incorrect, and misconstrued”.

The counter affidavit noted  that the mere fact that the plaintiffs “Allegedly wrote letters of interest to the NNPCL does not automatically confer on them any exclusive right or eligibility to be awarded the Pipeline Surveillance Contract.

“The NNPC Ltd, by virtue of Section 53(1), (7) & (8) of the Petroleum Industry Act, is a private limited liability company registered under the Companies and Allied Matters Act and empowered to conduct its affairs on a commercial basis in a profitable and efficient manner without recourse to government funds, to operate as a Companies and Allied Matters Act entity, and required to pay all fees, rents, royalties, and taxes to the Government like any other company in Nigeria.

” By virtue of Section 64(a) of the Petroleum Industry Act, 2021, the NNPCL, as a private limited liability company like every other private company, is totally exempted from the provisions of the Public Procurement Act and the Fiscal Responsibility Act.”

The counter  affidavit maintained  that the contractors (including Tantita Security Services Ltd) engaged for the Pipeline Surveillance Security contract by the NNPCL were  indigenously owned companies with the requisite competence and capacity to effectively do the job.

“That the development was in line with the provisions of Section 15 of the Nigerian Oil and Gas Industry Content Development Act 2010 and that no provision of the Act whatsoever was violated, as the contracts were awarded strictly in accordance with the relevant provisions of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, 2010, and as directed by the Federal Executive Council”, they  maintained.

They denied the plaintiffs’ allegations of awarding the surveillance contract to their “cronies”, describing them as “spurious and baseless”.

They said the increase  in the daily production of crude oil further confirmed the competence of Tantita and others.