General Manager, Legal and Corporate Affairs, INTELS, Mr Mike Epelle, has insisted that Justice Lambo Akanbi of a Federal High Court in Port Harcourt, Rivers State validated the designation of the various ports in Nigeria into different cargo terminals by the Nigerian Ports Authority, NPA and Bureau of Public Enterprises, BPE.

Epelle said that the court even declared that the action was in line with the respective mandates of both the NPA and the BPE.

He said that the court in a judgment in the case between Associated Maritime Services Ltd vs City Real Estate & Property Management Company, following the refusal of the defendant to pay the rate charged in respect of its cargo, held that there was merit in the plaintiff’s case.

The court had said in its judgment, “At the close of legal presentations by both parties, on the whole, and in the final analysis, I hold that there is great merit in the plaintiff’s case,” and affirmed that the designation of the various ports in the country into different cargo terminals by the Nigerian Ports Authority, NPA and Bureau of Public Enterprises, BPE, was in line with the respective mandates of the NPA and the BPE, and is ipso facto, valid, subsisting, authentic and therefore to be adhered to or complied with by both operators (concessionaires) and port users alike.

He said that the judge also declared that all imports or exports of oil and gas cargoes are to be undertaken through the designated oil and gas cargo terminals and are liable to be charged rates and delivery charges applicable to the oil and gas cargoes, as approved by the Nigerian Ports Authority.

According to the Judge, “by virtue of the Nigerian Ports Authority Act Cap N-123 laws of the Federation of Nigeria 2004 and in particular, Sections 7(a),(b),(c) and (k); 8(1) and 32(1) thereof, the Nigerian Ports Authority is vested with powers to enforce compliance with the arrangements made by the BPE designating all Federal Ports in the Country as to guarantee, among others, the efficient management of port operations, optimal revenue inflow and return of investments in port operations and facilities”
sea ports to private operators.

The Government, also designated the sea port terminals for the handling of specific types of cargoes based on a categorization of cargoes authorized to be handled by each of the terminals in the country, before handing over to the private operators.

However, some operators have kicked against the concession, applying varying interpretations. This situation forced Associated Maritime Services Ltd (AMS),Warri, a concessioner, to seek legal interpretation on the contentious issue at the Federal High Court in Port Harcourt.

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