Court Stops President Jonathan from relocating a $500bn oil company from Lagos to Bayelsa

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.