The Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dakuku Peterside, yesterday hailed the appeal court judgement setting aside a 57 million dollars judgement granted the Nigeria LNG Limited (NLNG) against the agency by a Federal High Court.
Dakuku said that the Appeal Court judgement was a victory for all Nigerians, saying that it has further strengthened the agency’s faith in the judiciary.
A Federal High Court had in October 2017 said that NLNG was right in its refusal to pay levies demanded by NIMASA and that all such payments already made by NLNG to NIMASA should be refunded.
But the Court of Appeal in Lagos had on Friday set aside an earlier judgement of the Federal High Court, which had exempted NLNG from the levies, on the grounds that NIMASA was not given a fair hearing at the lower court. Justice Mohammed Lawal Garba, who delivered the judgement, ordered that the case be sent back to the high court for fresh trial under a different judge.
Reacting to the ruling, Dakuku said NIMASA remained law abiding and will continue to work closely with the judiciary in matters that need clarity and interpretation.
He said, “This judgement has further shown that the judiciary is unbiased and remains a beacon of hope for Nigerians. On our part as a responsible Government Agency, we will continue to work closely with the judiciary and other stakeholders to ensure that we realise our mandate of creating a robust maritime sector in line with best global practices.”
Dakuku further stated, “NIMASA and NLNG are neither foes nor competitors. We are corporate cousins working together for the common good of our great country. Judgements like this only serve to strengthen our institutions and ensure greater bonding.”
The Agency had in 2010 commenced an action against NLNG, wherein it sought for an interpretation of relevant provisions of the Nigerian LNG (Fiscal Incentives, Guarantees and Assurances) Act, CAP N87, Laws of the Federation of Nigeria 1990, and the NIMASA Act of 2007. In January 2013, the action by NIMASA was withdrawn in a bid to amicably settle the dispute out of court.
