KRG questions the constitutionality of Iraq's highest court amid judicial wrangling over the oil and gas law

Shafaq News/ Kurdistan's Ministry of Natural Resources lambasted the decision of a court in Baghdad to summon the oil companies operating in the Kurdistan region, questioning the constitutionality of Iraq's Supreme Federal Court.

The Ministry said in a statement, "on May 19, 2022, al-Karkh's Court of Trade in Baghdad summoned the international companies operating in the Kurdistan Region, at the request of the Iraqi Oil Minister."

"The summoned companies -DNO, Western Zagros, HKN, Genel Energy, Addax, and Gulf Keystone- operate in the Kurdistan region in accordance with the Kurdistan region's oil and gas law no. 22 of 2007, which the Kurdistan region's parliament passed in line with the Iraqi Constitution."

The Ministry said that the court's decision "started a sequence of illegal actions taken by the Minister of Oil in the caretaker government in Baghdad. It seems that these illegal practices are based on a ruling issued on February 15, 2022, by a court in Baghdad that calls itself the 'Federal Supreme Court', with political motives to undermine the Oil and Gas Law, at a time none of the courts in Baghdad have the authority to make such a call."

"On February 28, 2022, the President of the Kurdistan Region, along with the heads of the legislative and executive authorities and the Kurdistan Region Judicial Council, issued a statement rejecting the February 15 decision."

"On June 4, 2022, the Judicial Council, as the highest judicial institution in the Kurdistan Region, issued a statement supporting the validity of the Oil and Gas Law of 2007, adducing Article 92/Paragraph 2 of the Iraqi Constitution that stipulates that the Iraqi Council of Representatives shall approve a law to establish a Federal Court in Iraq, but no such law has been issued so far."

The Ministry added, "The Federal Supreme Court was not established in accordance with the constitution. This means it has no constitutional authority to take such measures."

"On June 2, 2022, the Kurdistan Regional Government filed a lawsuit in the Erbil Investigation Court against the Director-General of the Ministry of Oil in the Federal Government for abusing his power and position by intimidating and harassing companies operating in the Kurdistan Region."

"On June 5, 2022, the Erbil Investigation Court ruled that the cases against international companies from the Karkh Court of Trade should be referred to the Erbil Investigation Court for investigation as evidence in a criminal complaint."

"The Erbil Investigation Court also decided to postpone any legal case submitted to the al-Karkh Court in this regard, based on the Iraqi Code of Criminal Procedure No. 23 of 1979, which requires the Iraqi Ministry of Oil to suspend work in the Civil Court until the investigation court adjudicates on this case."

"On June 5, 2022, the Minister of Natural Resources in the Kurdistan Regional Government filed a civil lawsuit against the Minister of Oil in the Federal Government," the Ministry concluded.