Court stops Jonathan from relocating $ 500 m oil project from Lagos to Bayelsa

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A Federal High Court , sitting in Lagos has granted injunctions
restraining President Goodluck Jonathan and other relevant
government agencies from carrying out the order to relocate the
$500 million oil project from LADOL Free Trade Zone( FTZ ) in
Lagos to Agga in Bayelsa State.

Also restrained in the judgment given by the Presiding Justice of
the Court , J .T Tsoho on Tuesday May 12, 2015 are the National
Assembly, the Federal Ministers of Transport and Justice /Attorney
General of the Federation.

The court said they were being restrained from implementing the
directive of President Jonathan that oil and gas - related cargoes
must be discharged at Intels facilities in Onne, Warri and Calabar
Ports .

According to Prof. Fidelis Oditah QC ( Queens Counsel ) and Senior
Advocate of Nigeria ( SAN) who filed the motion on behalf of
LADOL , the injunctions ensure 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.

The Injunctions further prevent 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
Zone’s 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 are as follows:

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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