By Seun Ibiyemi
A Federal High Court sitting in Lagos has granted an interim injunction stopping the Nigerian Ports Authority (NPA) from terminating the role of INTELS Nigeria Limited as manning agent in the Pilotage Districts of Lagos, Warri, Bonny/Port Harcourt and Calabar.
The judge, Hon. Justice R.M. Aikawa, granted the interim injunction in the suit number FHC/L/CS/1058/2020 based on an application filed by INTELS Nigeria Limited and Deep Offshore Service Nigeria Limited against the NPA.
INTELS and Deep Offhore had requested the court to restrain NPA from preventing them from performing their duties as managing agent, pending the determination of ongoing arbitration proceedings.
The court order, which was issued on Friday 28th August 2020, reads: “That an order is granted restraining the respondent, its servants, agents, and/or privies from giving effect for the purported notice of expiration issued it on 5th August 2020 or taking any other step to prevent the parties from performing their duties and obligations under the agreements between the 1st applicant and respondent dated 11th February 2011 and 24th August 2018, pending the determination of the originating motion dated 12th August 2020 seeking for interim measures of protection in support of the pending arbitration between the parties therein.”
The court adjourned the matter to 15th September 2020 for the originating motion on notice.
Consequent upon the court order, the management of INTELS, in a statement issued on Thursday, asked the shipping community to disregard a Marine Information issued by NPA purportedly terminating its operation, as it was issued in contempt of the court.
INTELS’ statement reads: “We read with surprise, NPA’s Notice 11 of 2020, dated 1st September 2020 circulated on different public fora today 3rd September 2020; titled “MARINE INFORMATION” wherein the NPA purported to give notice to all its stakeholders in Nigeria and abroad that the boat service operation ‘hitherto (Previously) handled by a Third-Party Company, the Integrated Logistics Services (Intels) Nigeria has been terminated.”
“The NPA went on to further give notice that all Service Boats Owners and Operators are ‘to do transactions directly in each of the Port Complex of the Nigerian Ports Authority.’
“NPA’s publication is highly selective, inaccurate and should be disregarded, as it seeks to circumvent legal due process. Indeed, a dispute has arisen over NPA’s right to terminate our role as managing agent in the Pilotage Districts of Lagos, Warri, Bonny/Port-Harcourt and Calabar. This dispute has been submitted to arbitration, and the arbitral proceedings have already commenced.
“Notwithstanding the pendency of arbitral proceedings, NPA issued a letter dated 5th August 2020, wherein it asserted that our appointment will expire by 8th August 2020, and that it will thereafter regard ‘all obligations arising’ therefrom ‘as closed.’
“To preserve the status-quo pending the outcome of the arbitration, we instituted legal proceedings before the Federal High Court, Lagos; to restrain the NPA from placing reliance on this letter or from taking any other step to prevent Intels from performing its duties as managing agent, pending the determination of the arbitration proceedings.
“On Friday 28th August 2020; Honourable Justice R. M. Aikawa of the Federal High Court, Lagos granted an interim injunction against the NPA in the following terms:
“AN ORDER of interim injunction restraining the Respondent, its servants, agents, and/or privies from giving effect to the purported notice of expiration issued by it on 5th August 2020, or taking any other step to prevent the parties from performing their duties and obligations under the agreements between the 1st Applicant and Respondent dated 11th February 2011 and 24th August 2018, pending the determination of the Originating Motion dated 12th August 2020 seeking for interim measures of protection in support of the pending arbitration between the parties herein.
“On the same date, our solicitors dispatched a letter to the NPA to inform it of the existence of the suit and the orders granted by the court. Indeed, a certified true copy of the order has, today, been served on NPA by the bailiff of the court, and the suit will come up for further hearing by the Federal High Court on Tuesday 15th September 2020.
“Given its knowledge of the restraining orders of the Federal High Court, it is very unfortunate that the NPA would proceed to issue Notice 11 of NPA as well as any other communications of this kind to stakeholders. This publication clearly has no basis as it was issued in contempt of the court; and the general public is advised to entirely disregard it.”