Appeal Court Cancels NLNG's $57m Victory Over NIMASA, Orders Fresh Trial

The Court of Appeal, Lagos Division, has set aside a $57million judgement awarded by a Federal High Court to Nigeria LNG Limited (NLNG) against the Nigerian Maritime Administration and Security Agency (NIMASA).

Justice Mohammed Lawal Garba of the Court of Appeal set aside the judgement in Lagos on Friday, saying the case should be retried before another Federal High Court judge.

On May 3, 2013, NIMASA had sealed off the facilities of the NLNG over alleged non-payment of certain statutory levies to the nation’s apex maritime regulatory with the aid of platforms from its former private security contractor, Global West Vessel Specialist.

“This course of action has been forced on the agency by the NLNG’s disregard and demonstrated unwillingness to abide by the country’s maritime laws, especially sections of the NIMASA Act that mandates payment of levies based on gross freight on exports and imports and the Cabotage Law," NIMASA had said in a statement. "Since its inception, the NLNG has cherry-picked our laws. All efforts to get the management to meet its obligations to Nigeria have been treated with impunity."

In June 2013, NLNG sought redress at a Federal High Court, Lagos, over disputed levies demanded by NIMASA.

Justice Mohammed Idris ruled on October 3, 2017 that NLNG was not liable to pay three per cent gross freight on its international inbound and outbound cargo and sea protection levy amongst other charges, to NIMASA. He said NIMASA was wrong in blocking the NLNG from having to its Bonny terminal for the purpose of enforcing the payments against NLNG

The maritime regulatory agency filed an appeal against the judgement of Justice Idris, who was recently elevated to appeal court.

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