Nigerian Government asks court to vacate order obtained by NLNG

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(Nigeria) The Federal Government has asked a Federal High Court sitting in Lagos, to vacate the ex-parte orders granted against it in the ongoing dispute between Nigerian Liquefied Natural Gas, NLNG Ltd, NLNG and the Nigeria Maritime Administration and Safety Agency, NIMASA, over the issue of non-payment of certain statutory levies and charges the Maritime Regulatory Agency claims were due to it from NLNG.
It will be recalled that Justice M. Idris had on June 18, in the suit by NLNG against the Attorney General of the Federation and Global West Vessels Specialists, granted an exparte orderm restraining the defendants from charging, imposing, demanding or collecting the three percent of gross freight earnings or any other sums further to section 15(a) of NIMASA Act 2007 on all of NLNG's international inbound or outbound cargo ships owned, contracted or subcontracted by it.
Meanwhile, praying the court to vacate the ex-parte order, counsel to the Federal Government, Dr Fabian Ajogwu SAN, argued that the order was essentially made against NIMASA, which was not a joined as party to the suit.
The Attorney General of the Federal contended that NIMASA being a body corporate with statutory powers to sue and be sued in its own name, its non-inclusion as a party was a violation of the principles of fair hearing,  that the other side should be heard; and therefore, fatal to the case of NLNG.
He argued that an order cannot be made against a person, who is not a party to the suit as it was necessary that such party must be given the opportunity to present his case, contending further that the dispute that gave rise to the suit was essentially between NLNG and NIMASA, and that the non-inclusion was a deliberate move by NLNG to circumvent the provision of section 53(2) the Nigerian Maritime Administration and Safety Agency Act of 2007, which makes it mandatory for an intending plaintiff to give the statutory body a 30-day pre-action notice.
He further contends that "the reliefs granted the plaintiffs ex-parte are indeed, in form and substance essentially the reliefs being sought in the substantive suit;" and that the court would not have granted the ex-parte order if not for the misrepresentation, concealment and non-disclosure of material facts by NLNG.
According to him, there was no urgency whatsoever shown by NLNG, let alone extreme urgency warranting the granting of the ex-parte orders against it(FG) and NIMASA, which is a party in the suit.
Meanwhile, hearing in the matter comes up July 4, 2013.


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