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The Claimant, represented by a Senior Counsel, instituted this Suit at the Lagos State High Court against our Client for monetary reliefs due to it for the provision of internet access via Pan Amsat PAS-IR using Web-Sat hub technology. PUC, upon review of all relevant processes and Agreement between the parties filed a Preliminary Objection (“PO”) challenging the jurisdiction of the Court to adjudicate on the Suit based on the fact that (i) parties had earlier mutually elected in the Agreement that “the English Courts alone shall have exclusive jurisdiction in any dispute arising hereunder” or (ii) the Lagos State High Court lacks the jurisdictional competence to hear and determine this Suit pursuant to Section 251(1) of the Constitution of the Federal Republic of Nigeria 1999, Chapter C23 Laws of the Federation of Nigeria 2004 and Section 138 of the Nigerian Communications Act Chapter N97 of the Laws of the Federation of Nigeria 2004.
The Court upheld our submissions on the PO, declined jurisdiction and accordingly struck out the Suit.
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