The two companies how are members of the Seaport Terminal Operators of Nigeria (STOAN), had dragged the NSC to court challenging its directive to concessionaires (operators) to revert their charges to the 2009 rate.
Following this development, stakeholders in the maritime industry have describing it as a welcome development that will grow the sector.
A source at the Transport Ministry who craved anonymity said more members of STOAN have also hinted of plans to withdraw from the suit against the NSC.
“Aside ABTL and GDNL, some other members of STOAN have also hinted of plans to withdraw from the suit, stressing that dialogue was a better option, particularly as the NSC was ready to discuss with them to find a common ground instead of dragging each other to court. The two companies that have shown interest to withdraw were reported to have argued that being part of the legal tussle against the Council would mean fighting the interest of their proprietors,” he said.
Also commenting on the new development, a maritime lawyer and Deputy President of the National Association of Government Approved Freight Forwarders, Mr. Fred Akohkia, said it was a good development for the industry.
He also noted that it was within the constitutional right of the two companies to withdraw from the case, adding that they must have seen reasons that prompted taking such decision.
The maritime lawyer said that what this meant was that the association now has a divided house with the position of the two companies on the matter.
More so, the National President of National Council of Managing Directors of Customs Agents (NCMDCA), Mr. Lucky Amiwero, who also spoke on the issue applauded the two companies for their decision, adding that they must have looked at the implication of the case.
Amiwero called on other terminal operators, who are opposed to NSC to have a second look at the issues involved and follow the path of peaceful resolution of issue.
He said such decision was important considering the current wind of change that has been blowing in the country.
Recall that STOAN and Association of Shipping Lines Agencies (ASLA) had gone to court when the ports regulator issued notices reducing some charges it described as arbitrary. The two associations had lost the case in the Federal High Court, Lagos, but headed to the Appeal Court on the matter.
The NSC had ordered that the progressive storage charges should be reversed to what it was in May 2009, a decision STOAN opposed and challenged in court.
Justice Ibrahim Buba of the Federal High Court, Lagos after hearing the case ordered STOAN and Association of Shipping Lines Agencies (ASLA) to revert to the old charges as in obtained in 2009 and as directed by the NSC.
The court also ordered that what was collected as excess revenue from 2009 to date should be refunded to the Cargo Defence Fund.
The case, which is in the Appeal Court was adjourned to February 4, 2016.
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