The Federal High Court sitting in Lagos on Monday adjourned the case between the Association of Shipping Line Agencies, the Terminal Operators and the Nigerian Shippers’ Council over reversal of port storage charges and shipping company charges.
The Terminal Operators had re-filed a fresh suit against the Council after the court, last week Monday dismissed the earlier application on technical grounds.
Presiding judge, Justice Buba Ibrahim adjourned the case involving the Shippers’ Council and Shipping Lines Agencies till 1st of December 2014, while the case involving the Terminal Operators was postponed for definite hearing on 10th of December 2014.
Justice Buba has however assured that the court is going to give a definite judgment on both cases before the court officially goes on break for the Christmas celebrations.
He warned parties involved in the case not to do anything outside the court that may jeopardize the case or disrupt the port operations.
"We will give judgment on the case before the December break. I hope none of the parties will do anything that will disrupt our ports" he said.
Shipping Position Daily recalls that, the shipping agencies had filed a case against the Shippers’ Council on Oct. 31.
The shipping lines filed the case against the NSC as a result of a publication by the council, announcing the reversal of storage fees at the ports.
The publication called for a reversal to rates as at May 1, 2009.
The NSC, as the ports' economic regulator, also ordered an increase in the free storage period at the ports from three to seven days.
The council equally directed shipping companies to reduce their shipping line agency fees from N26, 500 to N23, 850 per 20ft container and from N48,000 to N40, 000 per 40ft container.
It also directed shipping agencies to refund container deposits to importers and agents, within 10 working days, after the return of the empty containers.
Meanwhile, the case has also taken a new twist as Counsel to the Shippers Association of Lagos State (SALS); Barrister Osuala Nwagbara appeared in court and was granted permission to be a co-defendant with the Shippers Council against the Association of Shipping Lines Agencies.
Even though Counsel to the shipping lines, Mr. Chidi Ilogu had kicked vehemently against the SALS joining in the suit, Justice Buba however ruled in favour of the association and approved it to be second defendant.
Speaking with journalists after the court, Counsel to SALS, Barrister Osuala Nwagbara expressed happiness for obtaining court permission to join the case, saying that the Shippers Council should not be allowed to cry more than the bereaved.
He said that the person's that will benefit most from the actions of the Nigerian Shippers Council are the members of Shippers Association Lagos State, and that if not for the court case they ought to have started enjoying the fruit of the Council's decision on reversal of shipping charges since 3rd of November 2014.
"We are here to join and be part of the adjudication process so that our voice is also heard and the decisions taken, when the decision is taken, members of Shippers Association Lagos State will be bound by it, you cannot decide their fate in their absence"
"If they seat back and not apply to join, if they make such application in the future it might not be well granted"
"They (SALS) will not stand by and allow the Shippers Council to cry more than the bereaved, they are the bereaved and they have vested interest and that is why they are here today"
"Right to be heard in a matter where you have interest is a constitutionally guaranteed right, it does not matter if other people come in, the most important thing is that among the lawyers, between them and the court they have agreed to speed up the trial, we want to stand by the decision of the court that the case be given accelerated hearing" Nwagbara said.
The maritime lawyer stated further that the decision of the Council should be respected as an umpire and that the decision taken on shipping and storage charges reversal should be respected.
On his part, Counsel to the Nigerian Shippers Council, Barrister Emeka Akabogu assured that the coming of SALS will not slow down the court process in anyway, even as he pointed out that the court has given a definite date for hearing on the matter.
Presiding judge, Justice Buba Ibrahim adjourned the case involving the Shippers’ Council and Shipping Lines Agencies till 1st of December 2014, while the case involving the Terminal Operators was postponed for definite hearing on 10th of December 2014.
Justice Buba has however assured that the court is going to give a definite judgment on both cases before the court officially goes on break for the Christmas celebrations.
He warned parties involved in the case not to do anything outside the court that may jeopardize the case or disrupt the port operations.
"We will give judgment on the case before the December break. I hope none of the parties will do anything that will disrupt our ports" he said.
Shipping Position Daily recalls that, the shipping agencies had filed a case against the Shippers’ Council on Oct. 31.
The shipping lines filed the case against the NSC as a result of a publication by the council, announcing the reversal of storage fees at the ports.
The publication called for a reversal to rates as at May 1, 2009.
The NSC, as the ports' economic regulator, also ordered an increase in the free storage period at the ports from three to seven days.
The council equally directed shipping companies to reduce their shipping line agency fees from N26, 500 to N23, 850 per 20ft container and from N48,000 to N40, 000 per 40ft container.
It also directed shipping agencies to refund container deposits to importers and agents, within 10 working days, after the return of the empty containers.
Meanwhile, the case has also taken a new twist as Counsel to the Shippers Association of Lagos State (SALS); Barrister Osuala Nwagbara appeared in court and was granted permission to be a co-defendant with the Shippers Council against the Association of Shipping Lines Agencies.
Even though Counsel to the shipping lines, Mr. Chidi Ilogu had kicked vehemently against the SALS joining in the suit, Justice Buba however ruled in favour of the association and approved it to be second defendant.
Speaking with journalists after the court, Counsel to SALS, Barrister Osuala Nwagbara expressed happiness for obtaining court permission to join the case, saying that the Shippers Council should not be allowed to cry more than the bereaved.
He said that the person's that will benefit most from the actions of the Nigerian Shippers Council are the members of Shippers Association Lagos State, and that if not for the court case they ought to have started enjoying the fruit of the Council's decision on reversal of shipping charges since 3rd of November 2014.
"We are here to join and be part of the adjudication process so that our voice is also heard and the decisions taken, when the decision is taken, members of Shippers Association Lagos State will be bound by it, you cannot decide their fate in their absence"
"If they seat back and not apply to join, if they make such application in the future it might not be well granted"
"They (SALS) will not stand by and allow the Shippers Council to cry more than the bereaved, they are the bereaved and they have vested interest and that is why they are here today"
"Right to be heard in a matter where you have interest is a constitutionally guaranteed right, it does not matter if other people come in, the most important thing is that among the lawyers, between them and the court they have agreed to speed up the trial, we want to stand by the decision of the court that the case be given accelerated hearing" Nwagbara said.
The maritime lawyer stated further that the decision of the Council should be respected as an umpire and that the decision taken on shipping and storage charges reversal should be respected.
On his part, Counsel to the Nigerian Shippers Council, Barrister Emeka Akabogu assured that the coming of SALS will not slow down the court process in anyway, even as he pointed out that the court has given a definite date for hearing on the matter.
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