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Facts:
The plaintiffs sued the defendant at the High Court of the Federal Capital Territory, Abuja for the sum of N99,335,890.27 (Ninety Nine Million, Three Hundred and Thirty Five Thousand, Eight Hundred and Ninety Naira, Twenty Seven Kobo) and US$61,234,209.16 (Sixty One Million, Two Hundred and Thirty Four Thousand, Two Hundred and Nine United States Dollars, Sixteen Cents) being the outstanding indebtedness due to the Plaintiffs for the provision of Rig and Drilling Services from August 2014 to February 2016. The plaintiffs also claimed the sum of N52,732.32 (Fifty Two Thousand, Seven Hundred and Thirty Two Naira, Thirty Two Kobo) and USD$46,648.07 (Forty Six Thousand, Six Hundred and Forty Eight United States Dollars, Seven Cents) being the accrued interest on the debts.
The plaintiffs alleged that they entered into a contract with Afren Resources Limited, a company which was not a party to the proceedings in October, 2013. The contract was for the provision of Jack-up drilling unit and drilling rig services within the Ebok, Okwok and Ameena Oilfields. The defendant is a co-venturer in the contract and was to benefit from the performance of the contract by the plaintiffs. The contract contained provisions outlining the services to be rendered by the plaintiffs such as providing and furnishing of the drilling unit, delivery of a drilling programme and actual conduct of drilling operations within the area specified in the contract.
The plaintiffs alleged that they diligently carried out their duties under the contract and issued various invoices to Afren Resources Limited who were making payment to it until 2014 when it stopped making payment. The plaintiffs further alleged that the defendant paid about USD$37,049.53 in September, 2016 to the plaintiffs for work done and promised that subsequently it will make payments to the plaintiffs for all work executed. The defendant reneged on its promise did not make payments to the plaintiffs.
The plaintiffs sued for recovery of the sums owed. The defendant filed a preliminary objection to the action claiming that the High Court lacks the jurisdiction to entertain the matter. The preliminary objection was predicated on two grounds. The first is that a clause of the contract states that in the event of a dispute between the parties, the Court in England was to have jurisdiction. The second ground is that the subject matter of the dispute which involves an oilfield and oil drilling equipment does not fall within the competence of the State High Courts but the Federal High Court as provided for in section 251 of the Constitution 1999.