An Appeal Court sitting in Lagos has adjourned the case between the Nigeria Shippers' Council and Seaports Terminal Operator Association of Nigeria (STOAN), Shippers Association of Lagos State (SALS) and the Association of Shipping Lines Agencies (ASLA), over port charges to February 4, 2106.
Presiding Judge of the Court, Justice Uzoamaka Anyanwu, yesterday said that the case was adjourned due to the number of cases that the Court is already battling with.
An Appeal Court sitting in Lagos has adjourned the case between the Nigeria Shippers' Council and Seaports Terminal Operator Association of Nigeria (STOAN), Shippers Association of Lagos State (SALS) and the Association of Shipping Lines Agencies (ASLA), over port charges to February 4, 2106.
Presiding Judge of the Court, Justice Uzoamaka Anyanwu, yesterday said that the case was adjourned due to the number of cases that the Court is already battling with.
She also said for the appellants to have filed their briefs of argument just two days ago, there is need for the case to be adjourned till next year.
Meanwhile, speaking with journalists after the court sitting, Counsel to the Nigerian Shippers’ Council, Barrister Emeka Akabogu alleged that the appellants delayed to file their briefs as the Court ordered in the last hearing, hence paving way for the long adjournment.
He added that "we are not satisfied with today's ruling, we are going to meet with our clients and there are steps we are going to take"
We believe that this matter deserves urgency because its of national interest and it deserve the utmost urgency from the court"
Making reference to the delayed brief. He said, "I think it was deliberately served today because at the last adjourned date on the 17th of May 2015, it was already out of time and the court required them to have served us as soon as possible and we have a whole month since that time and they are just serving us this morning".
"What is important is that Nigeria importers supported towards ensuring that they get best deals within the Nigerian ports"
Meanwhile, counsel to the second defendant, the Shippers’ Association Lagos State (SALS), Mr Osuala Nwagbara, said he would be glad if the date of hearing was brought forward.
Nwagbara said his client was suffering because STOAN and ASLA were still collecting the charges.
According to him, since the matter was entered by appellants barely some hours to case, the court adjourned the matter to February 2016.
He added that since vacation is fast approaching, the court deemed it fit to adjourn the matter to next year.
"It is expected that the respondents would file their own piece of argument before that day, but the court indicated that if we filed our briefs and if that the date is too long in time, we also have the right to bring an application that the date be moved forward which we will do because of the peculiar nature of the kind of jobs are clients do", he said.
Meanwhile counsel to the Association of Shipping Lines Agencies (ASLA) Mr. Chidi Ilogu said that "when the court says they can't give you an earlier date, the only condition they would give is to file an application , request and establish some grounds on which you want on an earlier date".
He said that the court is not ready to give an earlier date till February saying that "we don't have a choice but to accept that date.
The STOAN had earlier filed a suit against the NSC over restriction of increase in progressive storage charges and reversal to what obtained in May 2009.
The suit was struck out on technical grounds by Justice Ibrahim Buba of the Federal High Court, Lagos
The court had in December 2014, consequently upheld the status of the NSC as the economic regulator of the seaports.
Justice Buba also ordered STOAN and Association of Shipping Lines Agencies (ASLA) to revert to the various charges as obtained in 2009 and, as directed by the NSC.
The court ordered ASLA and STOAN to refund excess revenue made from 2009 to date to the Cargo Defense Fund.
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