ASCON Oil, 11 PLC clash over filling station

The ownership battle for a petrol station belonging to Mobil Oil Plc now 11PLC on Oshodi-Gbagada Expressway, has taken a new dimension. ASCON Oil, accused of illegally taking over the outlet, has begun to sell fuel there despite a court order restraining the two parties from accessing the property.

Justice A.M. Lawal of the Lagos High Court on May 23, 2018 in suit no LD/ADR/13/2013,ordered the parties  to vacate the property till otherwise stated by the court.

On September 17, a lawyer, Chief Paul Obi, informed the Commissioner of Police (CP), Lagos State Command, of ASCON Oil’s disobedience of the orders and the consequences of its action. Obi claimed ASCON began sales at the petrol station even when Mobil Oil has 42,000 litres of premium motor spirit (PMS) in the underground tanks. This, according to him, amounts to theft.

The Senior Legal Officer, 11PLC, Samuel Eme Ozeh, told The Nation that the firm on July 16, wrote the CP, informing him about the illegal takeover of the petrol station by ASCON Oil.

The letter entitled: “Criminal trespass, forceful and unlawful takeover of Mobil Petrol Station at Oshodi-Gbagada Expressway by officers and agents of ASCON Oil Company Limited,” said: “We write to bring to your attention the criminal activities and acts of lawlessness being perpetrated by officers and agents of ASCON Oil Company Limited at our above-mentioned petrol station.”

According to Ozeh, Mobil Oil had built and operated the filling station for over 36 years having signed a lease agreement dated May 20, 1981 with Chief Sunday Ogunyade, the original owner of the land for a term of 20 years with an option to renew. This initial term was extended at its expiry for a further 10-year term by virtue of the Terms of Settlement dated September 29, 2000. In 2010, we agreed an extension of the lease with the Estate of Late Chief Sunday Ogunyade commencing from September, 2010, to August 1, 2020, he said.

“However, the Estate of late Chief Sunday Ogunyade, in a desperate bid to renege on the agreed 10-year lease, instituted an action at the Lagos State High Court in Suit No LD/176/2010 between Mr. Samson Ogunyade and Ors (suing as the Administrators of the Estate of late Chief Sunday Ogunyade) v Mobil Oil Nigeria Plc and ASCON Oil Company Limited. In a considered judgement the court made the following declarations and order: That there existed a new lease agreement between the Estate of Late Chief Sunday Ogunyade and Mobil Oil Nigeria Plc.

“That the Administrators of the Estate of the late Chief Sunday Ogunyade whether by themselves, agents, privies or any person acting on their authority cannot evict, eject or forcibly remove Mobil Nigeria Plc from the property in any way contrary to law.

“An order of injunction restraining the Administrators of the estate of late Chief Sunday Ogunyade from selling or leasing the property and the assets of Mobil Oil Nigeria Plc on the property to Messrs ASCON Oil Company or any other third party at any time during the subsistence of the leasehold agreement dated May, 20, 1981, terms of Settlement dated September 29, 2000 and the new lease agreement between Mobil Oil Nigeria Plc and the Estate of late Chief Sunday Ogunyade which lease agreement is for a period of 10 years commencing from September 1, 2010 to August 31, 2020.”

Ozeh said in spite of the subsisting judgment, “ASCON Oil with the aid of armed thugs invaded our petrol station, violently attacked our security men and took over the petrol station. They removed all Mobil signboards on the premises and replaced same with that of ASCON.

“We reported the act of brigandage and criminality to the Nigeria Police and after thorough investigations, the police commenced the prosecution of ASCON and its officers for felony. An officer of ASCON, Mr. Nwakaudu Okechukwu Provins, was arraigned on June 22 at the Chief Magistrate Court 1, Igbosere, Lagos on a 4-count charge vide charge no A/59/2018 whilst the other officers and agents of ASCON are still at large.

“Even with the prosecution of ASCON officers, on July 1, we received a call that ASCON agents and officers with the aid of armed thugs had invaded our petrol station in a replica operation of the first, dislodged our security and removed all Mobil signboards and replaced them with ASCON signboards. On getting to the scene, we met a contingent of policemen who informed us they were there at the instance of ASCON. The policemen are permanently stationed to guard the petrol station. They have refused us entry into the premises, which we have lawful possession of, to carry on with business.”

However, ASCON’s Managing Director, Grace Olowofeyeku, told reporters that all the claims by 11Plc with respect to the property were all false, stating that the property belongs to ASCON. ASCON Oil, according to her, bought it in 2010 for N750 million.

She also said the Managing Director of 11Plc, Mr. Adetunji Oyebanji, had approached her for the sale of the property for N350 million but she refused, adding that Oyebanji resorted to oppressing her with the case because of the long animosity he had with her late husband.

She said: “We bought that station in 2010 and Mobil went to court challenging the fact that we bought the station. They have been peddling this rumour that they have a lease; they don’t have a lease because as far as I’m concerned they’re squatters. And in law, you have a right to go and chase out a squatter from your house.

“And also the judgement given by Justice Dada, which they are relying on has no place. It said they have a lease. Okay assuming Justice Dada said they have a lease, have they reached out to us to pay us for any lease for eight years; it will be eight years in October 2018.

“Mobil think that because they are big and because I’m a widow they will push me around. I bought that station for N750million with bank money in 2010 and Mobil keeps bringing technicalities so that they will stretch me and frustrate me into a stage where I will now sell it to them. They made an offer of 350 million which I rejected. If you say you have a lease why are you offering to sell. I don’t know anywhere in law where a judge can force a tenant on you, it’s not done anywhere.”

Olowofeyeku explained that ASCON decided to take over the station as it rightfully belongs to them and vowed to fight the case up to the Supreme Court.