Dissatisfied with the recent ruling by the Appeal Court dismissing its appeal against the ruling of the Federal High Court, Lagos, the Seaport Terminal Operators’ Association of Nigeria (STOAN) has taken the matter to the Supreme Court for its opinion on the matter which has lingered for more than two years now.
It will be recalled that Justice Ibrahim Buba of the Federal High Court, Lagos had two years ago dismissed the suit filed by the Seaport Terminal Operators Association of Nigeria and the Association of Shipping Line Agencies challenging the powers of the Nigerian Shippers’ Council to unilaterally determine charges collectible by their members in the Nigerian maritime industry.
The Nigerian Shippers’ Council (NSC) had on Wednesday 29th October, 2014 published an advertisement announcing the reversal of progressive storage charges at the ports to that, which was in force as at May 1, 2009. NSC also ordered an increase in the free storage period at the port from three days to seven days.
The Council equally directed shipping companies to reduce their shipping line agency charges from N26, 500 to N23, 850 per TEU (20-foot containers) and from N48, 000 to N40, 000 per FEU (40-foot containers), even as it directed shipping agencies to refund container deposits to importers and agents within 10 working days after the return of the empty containers.
However, shortly after publishing the order which was to come into effect on 3rd November, 2014, the terminal operators under the aegis of the Seaport Terminal Operators Association of Nigeria (STOAN) and shipping line agencies under the umbrella of the Association of Shipping Line Agencies (ASLA), secured an interim injunction of the Federal High Court, Ikoyi, Lagos stopping the NSC and/or its agents from implementing the directive.
Ruling on the matter, the presiding judge, Justice Ibrahim Buba dismissed the originating summons filed by ASLA and STOAN describing them as hypothetical and an academic exercise while granting the counter-claims filed by the 1st and 2nd defendants in this case the NSC and the Shippers Association of Lagos State (SALS).
Not satisfied with the ruling, the terminal operators headed for the appeal court to appeal against the ruling.
Delivering judgment on the appeal, Justice Uwa upheld the judgment of the lower court and the counter claim of the second respondent, that is, Shippers’ Association of Lagos State (SALS) and consequently dismisses the appeal.
She however ordered that parties were to bear their own cost of the appeal.
However, a document sighted by our correspondent Thursday, revealed that the Council and the Shippers Association have received the notices of the case.
The documents dated 26th February 2018 also revealed that STOAN has also hired the services of another Senior Advocate of Nigeria (SAN) to further complement the existing counsels in arguing the matter to their favour at the Supreme Court.
Reacting to the development, Counsel to the Shippers’ Association of Lagos State (SALS), Barr. Osuala Emmanuel Nwagbara confirmed the development adding that they had received the advanced copy from the terminal operator even as he said that they were only waiting for the Supreme Court to notify them.
“As we speak, we have received the advanced copy by the terminal operators and that is where we are at the moment. We are waiting for the court to notify us. I just laid my hands on a copy and I will meet with my client on the next line of action”, he said.
Send your news, press releases/articles to augustinenwadinamuo@yahoo.com. Also, follow us on Twitter @reportersinfo and on Facebook on facebook.com/primetimereporters or call the editor on 07030661526, 08053908817.
