Court disqualifies NLNG’s objection on NIMASA petition to Appeal Court 

The Court of Appeal sitting in Lagos has thrown out an objection filed by the Nigeria Liquefied Natural Gas Limited (NLNG) challenging the decision of the Nigerian Maritime Administration and Safety Agency (NIMASA) to appeal against the refusal of the Federal High Court to discharge an order of interim injunction against the NLNG.

The interim injunction, which NIMASA wants the Appeal Court to remove, restrained the agency, Attorney-General of the Federation and Global West Vessel Specialists Limited from preventing the chartered vessels of the NLNG from carrying out import and export of gas on Nigerian waters.

In a bench ruling delivered on the case with reference number CA/L/849M/2013 on 23/01/2014, the Court of Appeal presided by Justice Sidi Bage with Justices Rita Pemu and Chinwe Iyizoba held that the NLNG’s objection was premature and could not stand.

Mike Igbokwe, counsel to NIMASA, countered the NLNG objection, saying that it failed to attach the necessary materials such as the ruling being appealed, notice of appeal and NIMASA’s motion on notice to its objection. He further argued that by referring to these essential materials in its arguments, the NLNG was flirting with and veering into the domain of facts which it could not properly do without an affidavit in support of the objection.

While arguing that it was premature for the NLNG to object to NIMASA’s appeal when the appeal had not yet been entered in the Court of Appeal, Igbokwe opined that NIMASA did not require the leave of court to file the appeal because it was constitutionally appealing as of right against the refusal of the Federal High Court to discharge the order of interim injunction made against it.

Fabian Ajogwu, counsel to the attorney general of the Federation, and that of Global West Vessel Specialists Limited, A.J. Owonikoko, aligned with Igbokwe’s arguments.

Wale Akoni, leading other counsel for NLNG, raised a notice of preliminary objection that led the court to strike out the notice of appeal filed by NIMASA for being incompetent and/or a nullity in law on the basis that NIMASA’s appeal was predicated on the Federal High Court’s exercise of discretion and that the grounds of appeal raised in NIMASA’s notice of appeal involved mixed laws and facts. The counsel to NLNG submitted that NIMASA’s appeal was incurably defective and a nullity since it was filed without obtaining the Leave of the Federal High Court and the Court of Appeal.

Meanwhile, the battle shifts to the Federal High Court in the courtroom of Justice Idris where NIMASA is seeking to be added to the suit brought by the NLNG against the attorney general of the Federation and Global West Vessel Specialists Limited so as to defend itself over the allegations made against it by the NLNG.

Due to an application served on January 27, 2014 by Global West Vessel Specialists Limited to stay further proceedings in the suit before Justice Idris, pending the hearing and determination of its appeal and the appeals filed by NIMASA and attorney general of Federation against the ruling of Justice Idris dated 12/07/2013, the case was further adjourned to 06/02/2014 for hearing of the pending motions when Igbokwe sought time to study and react to the application.