The planned relocation of the $500 million oil project from LADOL Free Trade Zone in Lagos to Agga in Bayelsa State by President Goodluck Jonathan has been stopped by a Federal High Court, sitting in Lagos.
Aside the President, the court, presided over by Justice JT Tsoho, also restrained the National Assembly, the Federal Ministers of Transport and Justice/Attorney General of the Federation from acting on the directive given by President Jonathan that oil and gas related cargoes must be discharged at Intels’ facilities in One, Warri and Calabar ports.
The injunctions granted, according to Prof. Fidelis Oditah, a Senior Advocate of Nigeria, SAN, who filed the motion on behalf of LADOL, ensures that all related agencies, including the Nigerian Ports Authority (NPA), must allow vessels and cargoes to proceed directly to any Port of choice, including oil and gas cargoes.
It also prevents the passing of the amendments to the Oil and Gas Export Free Zones Act which sought, among other changes, to impose a foreign owned monopoly on the movement of oil and gas cargoes in Nigeria; Transfer control of 12 Free Zones in Nigeria currently under the NEPZA Act to the control of the Oil and Gas Free Zone, which is controlled by the same foreign owned monopoly company.
The injunctions granted include the following:
1. Injunction restraining the House of Representatives of the National Assembly from considering or passing the amendment of sections 1, 2 and 12(5) of the 1996 Act inserted by sections 2, 3 and 10 of the Oil and Gas Export Free Zone Act (Amendment) Bill 2013 passed by the Senate on 7 May 2015 pending the hearing and determination of the motion on notice filed by the Plaintiffs/Applicants in these proceedings.
2. Injunction restraining the President of the Federal Republic of Nigeria from assenting to the amendment of sections 1, 2, 12(5) of the 1996 Act inserted by sections 2, 3 and 10 of the Oil and Gas Export Free Zone Act (Amendment) Bill 2013 passed by the Senate on 7 May 2015 pending the hearing and determination of the motion on notice filed by the Plaintiffs/Applicants in these proceedings.
3. Injunction restraining the Defendants and each of them and/or agents and/or privies from taking any step to enforce the purported directive of the President of the Federal of Nigeria contained in the letter from NPA to the Plaintiff dated 27 April 2015 to the effect that all oil and gas related cargoes must be handled at the designated Intels terminals in Onne, Warri and Calabar ports pending the hearing and determination of the motion on notice filed by the Plaintiffs/Applicants in these proceedings.
4. Injunction restraining the Defendants and each of them and/or agents and/or privies from taking any step to enforce the purported directive of the President of the Federal of Nigeria contained in the letter from NPA to the Plaintiff dated 27 April 2015 requiring the Plaintiff to build its fabrication and FPSO integration facility at designated Intels terminals in Onne, Warri or Calabar ports pending the hearing and determination of the motion on notice filed by the Plaintiffs/Applicants in these proceedings.
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