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NIMASA & ANOR
V.
NOBLE DRILLING NIGERIA LTD

(2013) JELR 35427 (CA)

Court of Appeal 5 Dec 2013 Nigeria
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- The Respondent instituted suit FHC/L/CS/78/2008 before the Federal High Court, Lagos by originating summons, seeking declarations that drilling operations and rigs do not fall under the definition of "coastal trade," "cabotage," or "vesse

Case Details

Suit Number:CA/L/864/2009
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria
Counsel:M. I. IGBOKWE, SAN with A. OLADIGBOLU Esq.;F. INALEGWU Esq.,K. K. OKWUJIAKO Esq.,M. AJAYI Esq., andC. NDUBUISI Esq., For Appellant FUNKE AGBOR (MRS.) with C. T. UBA (MISS) For Respondent

CHINWE EUGENIA IYIZOBA, JCA (Delivering the Leading Judgment): By an Originating Summons issued on the 24th day of January 2008, the Respondent commenced suit no. FHC/L/CS/78/2008 at the Federal High Court Lagos seeking the determination of the following questions namely:-

1. Whether drilling operations fall within the definition of 'coastal trade' or 'cabotage' under Section 2 of the Coastal and Inland Shipping (Cabotage) Act 2003 (Cabotage Act).

2. Whether, upon a proper interpretation of the Cabotage Act particularly the provisions of Sections 2, 5 and 22(5) thereof, drilling rigs fall within the definition of 'vessel' under the said Cabotage Act.

3. Whether the Minister of Transportation acted ultra vires his powers under the Cabotage Act to make regulations when in Clauses 9.1.1. of the Guidelines on the implementation of the Coastal and Inland Shipping (Cabotage) Act issued in April 2007 (the Guidelines) he included 'Rigs' under the classification of vessels to be subject to wai…

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