Court restrains Jonathan from forcing vessels to berth at Intels

A Federal High Court sitting in Ikoyi, Lagos has granted injunctions sought by the Lagos Deep Offshore Logistics (LADOL), restraining President Goodluck Jonathan and other relevant government agencies against carrying out a presidential directives that all oil and gas related cargoes could only be discharged at Intels’ facilities at Onne, Warri and Calabar ports.

The court, presided over by Justice James Tsoho, on Tuesday, May 12, 2015 also granted LADOL, a wholly private indigenous company, the injunctions restraining President Jonathan and his agents from ordering the relocation of Egina FPSO fabrication and Integrations. The project is currently on going at the Industrial Free Zone of LADOL situated at Takwa bay, within the Apapa Pilotage District in Lagos.

Also restrained alongside the President are the National Assembly, Federal Ministry of Transport and the Attorney General of the Federation.

The court granted the injunction restraining each of them and their agencies and privies from implementing the directive of President Jonathan that all oil and gas

Related cargoes must be discharged at one of Intels’ facilities at Onne, Warri and Calabar ports.

According to Professor Fidelis Oditah QC (Queens Council) and SAN who filed the action on behalf of LADOL, “These injunctions ensure that all related agencies, including the Nigerian Ports Authority, must allow vessels and cargoes to proceed directly to any port of choice, including oil and gas cargoes. In addition, vessels from foreign waters can berth directly at LADOL Free Zone in line with

LADOL’s Designation as a Deep Offshore logistics Base, permitted to receive two International vessels each week.”

Oditah said the injunctions further prevent the passing of the amendments to the Oil and Gas Export Free Zones Act which sought, among other changes, to impose a foreign owned monopoly on the movement of oil and gas cargoes in Nigeria; transfer control of 12 Free Zone’s in Nigeria currently under the NEPZA Act to the control of the Oil and Gas Free Zone, which is controlled by the same foreign owned monopoly company.

The injunctions granted are as follows:

1. Injunction restraining the House of Representatives of the National Assembly from considering or passing the amendment of sections 1, 2 and 12(5) of the 1996 Act inserted by sections 2, 3 and 10 of the Oil and Gas Export Free Zone Act (Amendment) Bill 2013 passed by the Senate on 7 May 2015 pending the hearing and determination of the motion on notice filed by the Plaintiffs/Applicants in these proceedings.

2. Injunction restraining the President of the Federal Republic of Nigeria from assenting to the amendment of sections 1, 2, 12(5) of the 1996 Act inserted by sections 2, 3 and 10 of the Oil and Gas Export Free Zone Act (Amendment) Bill 2013 passed by the Senate on 7 May 2015 pending the hearing and determination of the motion on notice filed by the Plaintiffs/Applicants in these proceedings.

3.Injunction restraining the Defendants and each of them and/or agents and/or privies from taking any step to enforce the purported directive of the President of the Federal of Nigeria contained in the letter from NPA to the Plaintiff dated 27 April 2015 to the effect that all oil and gas related cargoes must be handled at the designated Intels terminals in Onne, Warri and Calabar ports pending the hearing and determination of the motion on notice filed by the Plaintiffs/Applicants in these proceedings.

4. Injunction restraining the Defendants and each of them and/or agents and/or privies from taking any step to enforce the purported directive of the President of the Federal of Nigeria contained in the letter from NPA to the Plaintiff dated 27 April 2015 requiring the Plaintiff to build its fabrication and FPSO integration facility at designated Intels terminals in Onne, Warri or Calabar ports pending the hearing and determination of the motion on notice filed by the Plaintiffs/Applicants in these proceedings.



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