Termination of Boat Serives INTELS gets restraining injunction against NPA Reaction hints of political settlement
Termination of Boat Serives
INTELS gets restraining injunction against NPA
Reaction hints of political settlement
By Eguono Odjegba
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 suit
number FHC/L/CS/1058/2020 based on an application filed by INTELS
Nigeria Limited and Deep Offshore Service Nigeria Limited against the
Nigerian Ports Authority (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 has 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.
Contacted
for reaction, the authority GM Corporate and Strategic Communications,
Engr. Jato Adams said "I am currently on my annual leave. "
A
source who does not want his identity revealed said two options are
open to NPA, to obey the court ruling pending when it is able to legally
vacate the order under a counter ruling vide a coordinate court of
jurisdiction or a one of superior jurisdiction; or accept the judgment
without further ado, signalling restoration of relationship.
He
said, "In this type of situation, INTELS is simply back to business,
there is nothing NPA can do about it immediately. There are options
here, if this judgment is not politically motivated, what NPA can do is
to also go to court, one or competent jurisdiction like the High Court
or even an Appeal Court to set aside the present judgement.
"Also,
don't forget that some of these fights have political colourations, if
for any reason INTELS have settled its problems with whoever is
concerned, it is only smart to return through the court, don't forget
that courts serves out as avenue for political settlements. ln this
case, the matter is settled and NPA is obliged to carry on as though
nothing happened."
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