A Federal High Court in Lagos yesterday fixed May 15 to rule on a suit against the Nigerian National Petroleum Corporation (NNPC) over alleged breach of the Cabotage Act.
A former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Mr Temisan Omatseye, had filed the suit against the defendant in January through a firm, Polmaz Ltd.
Joined as second and third defendants in the suit are; the Pipelines and Products Marketing Company (PPMC) and NIMASA.
A Federal High Court in Lagos yesterday fixed May 15 to rule on a suit against the Nigerian National Petroleum Corporation (NNPC) over alleged breach of the Cabotage Act.
A former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Mr Temisan Omatseye, had filed the suit against the defendant in January through a firm, Polmaz Ltd.
Joined as second and third defendants in the suit are; the Pipelines and Products Marketing Company (PPMC) and NIMASA.
The fourth to ninth defendants in the suit are the vessel operators namely: Olimpex Nig. Ltd, Unibros Shipping Corporation, Africulti Ltd, Marika Investments Ltd, Nidas Marine Ltd and Prometheus Maritime Ltd.
The plaintiff, in his Originating Summons, is seeking a declaration that the engagement of the fourth to ninth defendants by the NNPC and PPMC in domestic coastal operations is a violation of Section 5 of the Merchant Shipping Act.
He is seeking an order directing NNPC and PPMC to cancel all contracts with foreign flagged vessels operating in Nigeria's coastal waters without license.
The plaintiff also wants the court to direct the defendants, except NIMASA, to pay the fines stipulated in the Cabotage Act, for their alleged violation of the law.
When the case was called yesterday, counsel to the plaintiff, Mr Edoka Onyeke, adopting his originating summons, argued that it was illegal for the foreign-owned vessels to operate in Nigeria without licence.
He told the court that the first and second defendants had engaged the vessels in domestic coastal trade without requisite licences being issued or any waivers granted to them, as stipulated by the Act.
He argued that it was illegal for the vessels to continue to operate in Nigeria without obtaining the requisite permissions, as provided by the law.
Onyeke, therefore, urged the court to determine whether or not Nigeria's shipping laws have restricted foreign flagged vessels from engaging in domestic coastal trade, within the country's territorial waters.
Meanwhile, counsel representing the fourth to seventh defendants, Mr Babajide Koku (SAN), in a preliminary objection, urged the court to dismiss the suit for lack of merit.
He argued that the court could only make findings on the case, if it first determined whether an offence had been committed.
Koku said: “All the infractions complained of by the plaintiff are criminal in nature, which they must prove beyond reasonable doubt."
He argued that the criminal jurisdiction of the court could not be invoked in a proceeding commenced by originating summons, and therefore urged the court to strike out the suit.
Counsel for the eighth and ninth defendants, Mr Sebastine Hon (SAN) and Mrs Funmilayo Akindojutimi, also adopted the same line of argument with Koku.
After listening to the submissions of counsel, Justice Buba reserved ruling till May 15.
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