ABUJA: The counsel to the seaport terminals operators association of Nigeria (STOAN), Mr Femi Atoyebi, has said that Justice Ibrahim Buba of the Federal High Court, Ikoyi, Lagos “clearly acted without jurisdiction” in ruling on a stay of execution application filed by the terminal operators in a matter between the association and the Nigerian Shippers’ Council (NSC), urging the terminal operators to maintain current charges at the seaport.
In his ruling on December 17, 2014, in the matter between STOAN and the NSC, Buba had affirmed the power of the council to regulate economic activities at the nation’s seaports, ruling that the terminal operators revert to existing charges as at May 2009, as directed by the NSC.
But dissatisfied with the ruling, STOAN had filed an appeal against the judgement and also sought a stay of execution. But Buba, in his ruling on Thursday refused the plaintiff’s application for stay of execution on the grounds that it lacked merit.
This was despite an objection by the STOAN counsel that the judge had no jurisdiction over the matter since it had been filed at the Court of Appeal.
Leading maritime lawyer and a one time president of the Full Gospel Businessmen’s Fellowship International (FGBMFI), Atoyebi said Buba’s ruling would not stand.
The Judge clearly has acted without jurisdiction and in such a case, the law says his decision is a nullity and can be ignored, but it is also safer to apply to the Court of Appeal to review it.
