Lagos, on Tuesday struck out a suit filed by Port and Terminal Operators
Nigeria Limited (PTOL) against Nigeria Ports Authority (NPA) and
Attorney-General (AG) of the Federation.
the suit, PTOL alleged that since October 2013 vessels meant for its jetty were
diverted to another terminal concessioned to Intels Nigeria Limited by the NPA
and prayed the court to stop such diversion.
Justice Saidu struck out the case on grounds that his court lacked the
jurisdiction to entertain such matter since the NPA Act reserved such
matters for the Court of Arbitration.
Intels is joined in the suit on grounds that the outcome of the case would
impact directly on its business activities.
summons and vide a Motion Ex-parte brought before Justice Saliu Saidu, obtained
an order of Interim Injunction on May, 20, 2015.
diverting two vessels meant for the plaintiffs terminal and any other vessel
meant for the plaintiffs terminal, pending the hearing of the originating
Lessee of Terminal “A” Port Harcourt by virtue of a Concession Agreement
between the company and the Federal Government.
entitled to receive vessels and cargoes of all descriptions into its terminal.
been diverting vessels meant for their terminal to another terminal
concessioned to Intels on the grounds that cargoes and pipes and dismantled
rigs are classified as oil and gas cargo.
Notice seeking an order of the court to dismiss the entire suit for want of jurisdiction
on the grounds that no pre-action notice was issued to the first defendant.
notice is in “contravention of Section 92(1) of the NPA Act, Cap.
N126, LFN, Vol. 12.
court to dismiss the entire suit which Justice Saidu granted today.