Counsel to the Nigerian Shippers’ Council in its legal battle against the terminal operators under the aegis of the Seaport and Terminal Operators Association of Nigeria (STOAN); Olisa Agabkoba (SAN), has argued that the terminal operators cannot continue to impose and collect illegal charges from Nigerian shippers and clearing agents on the pretext that they have re-filed an application for stay of execution against the December, 2014 ruling of the Lagos High Court.
Counsel to the Nigerian Shippers’ Council in its legal battle against the terminal operators under the aegis of the Seaport and Terminal Operators Association of Nigeria (STOAN); Olisa Agabkoba (SAN), has argued that the terminal operators cannot continue to impose and collect illegal charges from Nigerian shippers and clearing agents on the pretext that they have re-filed an application for stay of execution against the December, 2014 ruling of the Lagos High Court.
In a statement sent to Shipping Position Daily, the Shippers’ Council’s lawyer; Messer Olisa Agbakoba Legal said that its attention has been drawn to newspaper publications by Messrs Femi Atoyebi SAN and Ayo Olorunfemi, claiming that the Federal High Court acted without jurisdiction in dismissing the STOAN application for ‘Stay of Execution’.
According to the law firm, Femi Atoyebi (SAN) had advised members of STOAN to continue with their normal business activities of charging and collecting the illegal charges pending the determination of the appeal at the court.
The Shippers Council counsel has however charged the public to disregard the statement of Femi Atoyebi arguing that, pending the determination of the stay application, the Judgment debtors, the terminal operators, are required to obey the judgment and desist from any act that will undermine the integrity of the subsisting judgment.
“In essence, Messrs. Femi Atoyebi SAN/Ayo Olorunfemi is saying that the re-filed application and the Appeal empower Terminal Operators to disobey the judgment. We disagree with this position”
The firm argued that the mere fact that there is a pending application for stay of execution and an Appeal does not remove the effect of the judgment given by Justice Buba Ibrahim of the Federal High Court.
The statement reads in part, “It is now firmly settled that an application for stay of execution only prevents the beneficiary of the judgment or order from putting into operation the machinery of the law or the legal process of warrants of execution. Pending the determination of the stay application the Judgment debtors, the Terminal Operators, are required to obey the judgment and desist from any act that will undermine the integrity of the subsisting judgment. The mere fact that there is a pending application for stay and an Appeal does not remove the effect of the judgment.
“What is more, by the judgment of the Federal High Court, the continued charging and collection of the charges have been declared illegal. The Supreme Court, in Okafor v. Nnaife [1987] 4 NWLR (P. 64) 126 at 138, has held that a party whose conduct has been declared illegal in a judgment is not entitled in law to a stay which will empower him to continue with the illegality pending an Appeal”
“It is trite that the Terminal Operators cannot continue to impose and collect illegal charges on the pretext that they have re-filed an application for stay at the Court of Appeal”
“In any event, the application to compel the Terminal operators to comply with the judgment and to immediately refund the sum of N150 Billion illegally collected in disobedience of the judgment pending before Mr. Justice I.N Buba has now been transmitted to the Court of Appeal. We will seek accelerated hearing of the application at the Court of Appeal” the Shippers Council vowed.
The statement stressed that the “Nigerian Shippers’ Council as economic regulator of ports will continue to perform its statutory functions by ensuring that port regulations are enforced for the overall general good of the Nigerian Economy”.
It added that Council’s cardinal duty is to stabilize prices, ensure more cargo throughput to Nigerian Ports and stem the yearly loss of over N2 Trillion potential revenue to the Nigerian government caused by excessive and illegal port charges by Terminal Operators and other service providers at the ports.
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