The Federal High Court sitting in Lagos has adjourned the case between the Nigerian Shippers’ Council (NSC) and the Association of Shipping Line Agencies (ASLA) till today, Tuesday, 2nd of December 2014.
Presiding Judge, Justice Buba Ibrahim ruled in favour of the plaintiff; the Association of Shipping Line Agencies, after its lead counsel, Barrister Chidi Ilogu pleaded for more time to study the fresh application of counter claim that was filed by the second defendant in the case; Shippers’ Association of Lagos State (SLAS).
Barrister Ilogu said that counter claims were filed on Wednesday last week and that the plaintiff did not have enough time to respond to the claims until yesterday morning. He said that he needed time to study the counter claims properly.
The SALS had filed a counter claim to among other things, establish the fact that it is an incorporated body and this allows it to join as second defendant in the ongoing hearing.
Counsel to the Nigerian Shippers’ Council, Barrister Emeka Akabogu however pleaded with the court to throw out the injuction obtained by the shipping companies which had stopped the council from reverting shipping charges in Nigeria.
Akabogu argued that because of the cost implication that the continued charges is having on Nigerian shippers, the court should direct shipping companies to stop further collection of the controversial charges until the case is determined.
Akabogu and Counsel to SALS; Barrister Osuala Nwagbara had insinuated that the process of passing judgement in the case is being delayed unnecessarily.
The argument came up when Mr. Ilogu told the court that he was attending the burial of the Chairman on the Cargo Defense Fund; late Captain Cosmas Niagwan and that he would not be able to be in court today (Tuesday).
He however announced later that he has cancelled his appointment and had assured Justice Buba that he was going to be in court.
While speaking to journalists at the end of the hearing, Ilogu accused both Akabogu and Nwagbara of improper behaviors, saying that they had agreed with him to seek adjournment till 15th and 16th of December, before entering the court.
"Counter claims were filed on Wednesday, we didn't get time to respond, haven responded this morning,we could not file before this morning"
Feeling betrayed, he told journalists that: "We have actually agreed on 15th and 16th between the three of us, but they now turned around and say that I am the one delaying the matter, ethically it is an improper behavior".
"We are ready to continue tomorrow" Mr. Ilogu assured.
Justice Buba Ibrahim had two weeks ago adjourned the case involving the Shippers Council and Shipping Lines Agencies till 1st of December 2014, while the case involving the Seaports and Terminal Operators Association of Nigeria was shifted for definite hearing on 10th of December 2014.
Justice Buba had also assured that the court is going to give a definite judgment on both cases before the court officially goes on break for the Christmas celebrations.
He warned parties involved in the case not to do anything outside the court that may jeopardize the case or disrupt the port operations.
"We will give judgment on the case before the December break. I hope none of the parties will do anything that will disrupt our ports" he said.
Counsel to SALS; Barrister Osuala Nwagbara who was speaking with journalists at the end of the court session two weeks ago, had expressed happiness for obtaining court permission to join the case, saying that the Shippers Council should not be allowed to cry more than the bereaved.
He said that the person's that will benefit most from the actions of the Nigerian Shippers Council are the members of Shippers Association Lagos State, and that if not for the court case they ought to have started enjoying the fruit of the Council's decision on reversal of shipping charges since 3rd of November 2014.
"We are here to join and be part of the adjudication process so that our voice is also heard and the decisions taken, when the decision is taken, members of Shippers Association Lagos State will be bound by it, you cannot decide their fate in their absence"
"If they seat back and not apply to join, if they make such application in the future it might not be well granted"
"They (SALS) will not stand by and allow the Shippers Council to cry more than the bereaved, they are the bereaved and they have vested interest and that is why they are here today"
"Right to be heard in a matter where you have interest is a constitutionally guaranteed right, it does not matter if other people come in, the most important thing is that among the lawyers, between them and the court they have agreed to speed up the trial, we want to stand by the decision of the court that the case be given isolated hearing" Nwagbara said.
The maritime lawyer stated further that the decision of the Council should be respected as an umpire and that the decision taken shipping and storage charges reversal should be respected.http://shippingposition.com.ng/article/intrigues-court-adjourns-shippers-council-vs-shipping-companies-case-till-today-1
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