Law/Judiciary
INTELS Reacts To Court Judgements
INTELS Nigeria Limited has
insisted that the ex-parte orders made by the Lagos Division of the Federal High Court in the suits instituted by Ports and Terminal Operators Limited (PTOL), Nigerdock and Ladol against the Nigerian Ports Authority (NPA) is at variance with an earlier judgement delivered by the Port Harcourt Division of the court in 2014.
The General Manager, Legal Services of INTELS, Mike Epelle, while reacting to a statement contrary made by the Managing Director of PTOL, Mrs Liizzie Ovbude, and published in the Vanguard Newspaper of Tuesday, May 26, 2015, asserted that the Port Harcourt Division of the Federal High Court, in a judgment delivered by Hon. Justice Lambo Akambi, on the 8th of July 2014, in the suit filed by Associated Maritime Services Limited (AMS) against City Real Estate and Property Management Company Ltd, with suit No. FHC/PH/CS/74/2014 ruled inter-alia:
“That under an by virtue of the Nigerian Ports Authority Act Cap No 123 Laws of the Federation of Nigeria 2004 and in particular, Sections 7(a),(b),(c) and (k); 8(1) and 32 (1) thereof, the Nigerian Ports Authority is vested with powers to enforce compliance with the arrangements made by the BPE designating all Federal Ports in the country as to guarantee, among others, efficient management of ports operation.”
“That all imports or exports of oil and gas cargoes are to be undertaken through the designated oil and gas terminals and are liable to be charged such rates and delivery charges applicable to oil and gas cargoes, as approved by the Nigerian Ports Authority (the concessioner).”
According to Epelle, the effect of the orders made by the Federal High Court Lagos in the various suits filed by PTOL, Nigerdock and Ladol, which now restrained NPA in respect of vessels meant for those terminals means that NPA cannot issue directive as to the appropriate Port terminal for such vessels to berth even if they are carrying oil and gas related cargoes. “This is at variance with the pronouncement of Justice Lambo of the Federal High Court Port Harcourt in the Port Harcourt in the suit filed by Associated Maritime Service Limited (AMS) against Real Estate and Property Management Company”, he stressed.