Thursday 14 May 2015

Appeal Court Adjourns Shippers’ Council Vs STOAN, ASLA Case To June

…Counsel accuses appellants of pushing for prolonged appeal
An Appeal Court sitting in Lagos has adjourned for hearing the lingering case between the Nigeria Shippers’ Council and the Shippers Association of Lagos State (SALS) against Seaports Terminal Operators Association of Nigeria (STOAN) and Association of Shipping Lines Agencies (ASLA) over charges at the seaports in the country.
A Federal High Court in Ikoyi, Lagos had in December 2014, ruled in favour of the port economic regulator; the Nigeria Shippers’ Council and affirmed the legality of the Council’s position in price regulation and also instructed the concessionaires to  revert to the  poert charges that were approved in1999, but the terminal operators filed fresh charges on stay of execution at the Court of Appeal .
When it came up for hearing yesterday, the case was however adjourned by the Court to June 18, in order to enable  all parties to document their briefs properly.
The court also nullified the application of ASLA new counsel; Mr. Babajide Koku (SAN) because his applications were served the respondent only yesterday morning.
The Judges however maintained that the case will be addressed on the new date.
Koku is the other counsel that has been hired by the shipping lines to join forces with their first counsel; Mr. Chidi Ilogu (SAN).
The appellants had filed an appeal, asking for stay of execution and restrain the Nigeria Shippers’ Council from enforcing the December 2104 ruling of the Federal High Court.
Guided by the Appeal Court yesterday, all the lawyers involved in suit agreed that the case should be given accelerated hearing in all the applications.
The case involving STOAN and the Shippers’ Council has three applications, while that of shipping lines against the same Council has four applications.
Council to SALS, Barrister Osuala Nwagbara in a chat with newsmen shortly after the adjournment said that, "we believe that on that date, June 18th, the court will give us a substantive date  for the hearing of the appeal , with a view of determining the case "

"The appellants in both cases at the Appeal Court which filed motions respectively for stay of execution of the lower court and also asking for an injunction restraining the council from enforcing the directives that the lower court gave or taken any further step to executive the judgment"
"It was agreed that rather than dissipate energy of the court and the parties involved in arguing applications that will eventually be addressed in the substantive suit, it is better that the substantive appeal be taken which will involve all issues that are been  requested to be addressed in the pending applications, which however led to the adjournment", he stated.
Meanwhile, Counsel to STOAN; Mr. Femi Atoyebi(SAN) said that court adjourned the case to enable all parties to put in their briefs for the case proper.
Counsel to Nigeria Shippers’ Council Emeka Akagbogu, on his part alleged that the concessionaires were not ready to proceed with the application for the court to determine, hence, the court adjourned the case.
He said, “we on our part, because we know that the Nigeria shipping industry is suffering because of the pendency of this appeal and we know also the appellant would want this matter to be prolonged for as long as possible and as a result we requested that the court proceed directly to the substantive appeal and make the pending applications to abide by the substantive appeal”.

Nigerian Migrant Who Put To Bed On Mediterranean Sea Says, Baby Has Better Future In Europe   2
The Nigerian mother who gave birth on a warship after the Italian navy rescued her from a migrant boat has told Reuters that her new daughter would have a better life in Europe, explaining why she risked the dangerous voyage.
The baby; Francesca Marina, named after St. Francis and the Italian navy, was 3.37 kilos (7 pounds, 7 ounces) when she was delivered aboard the Bettica naval vessel in the Mediterranean a week ago. Once ashore, she suffered from seizures and was put in intensive care.
A week on, both Stephanie Samuel, the 24-year-old Nigerian mother, and Francesca Marina have recovered. Doctors at the Sicilian hospital said they would probably be transferred to an immigration centre for families with small children in a few days time.
The story of the migrant baby born aboard a navy ship captured international media attention at the end of one of the busiest weekends for sea crossings from Libya to Europe this year, in which about 6,800 were rescued and dozens are said to have drowned.
Samuel worked for two years in Tripoli as a housemaid to save money to pay smugglers for the trip, but then the boat she set off in with about 90 others stalled after only three hours at sea.
By the time they were picked up by the Bettica off the Libyan coast seven hours later, she was unconscious after suffering epileptic seizures and had gone into labour.
“I didn’t expect the baby, you know, but she just like, she just came,” Samuel said. “I just wanted to leave Libya. Italy is better than Libya and Nigeria is the worst.”
About her daughter, she said: “God decides, not me … but I believe she will have a more good future in Europe.”
So far this year more than 30,000 people have reached Italy by sea from North Africa, mostly Libya. More than 170,000 came last year. The Interior Ministry has said 200,000 might make it to Italy’s shores in 2015.
While many are political refugees like Syrians, fleeing civil war, or Eritreans, escaping forced military conscription, others like Samuel are economic migrants in search of a better life.
She said her husband, who is still working in Libya, was ready to risk the sea crossing to be with his daughter and wife as soon as he could afford to pay smugglers who demand up to $1,500 for passage on an overcrowded, rickety boat.http://shippingposition.com.ng/article/appeal-court-adjourns-shippers%E2%80%99-council-vs-stoan-asla-case-june-0

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