In a recent Court of Appeal case, the appellant terminal operators challenged the Nigerian Shippers' Council's powers to review local storage charges unilaterally. The judgment gives further judicial impetus to the government's policy intent, particularly with regard to storage operations at the nation's ports. However, it conflicts with an earlier decision by the same court concerning the Nigerian Shippers' Council's role as the economic regulator of the Nigerian ports.
The Court of Appeal recently declared the Lagos State House of Assembly competent to make laws relating to intra-inland waterways in the state. The appeal turned on whether the regulation and control of Lagos state intrastate and inland waterways fall under the exclusive legislative list which confers legislative competence on the National Assembly. Contrary to reports, the decision is hardly a win for the Lagos state government.
In a recent case, the National Industrial Court found that the applicant's employment had been constructively terminated because of his HIV/AIDS status. While there was clear evidence that the applicant had stopped working after his HIV/AIDS status had been disclosed and that the respondent had not answered the applicant's repeated requests to be recalled to work, the decision highlights the delicate balance between fundamental rights and public health consideration in the workplace.
The Federal High Court recently varied an arrest order against an oil rig, in which its release was made conditional on the provision of a bank guarantee in the amount of the plaintiff's claim only. This decision is commendable, as the Nigerian courts have previously restricted the security that shipowners can provide to the value of a claim, thereby depriving shipowners of the alternative security benefit provided in the Admiralty Jurisdiction Procedure Rules.
While the filing or granting of a motion for a stay of execution will stop the enforcement of a judgment by writ of execution, some judicial authorities have ruled that a motion or order for a stay of execution does not stop garnishee proceedings to attach funds belonging to the judgment debtor in a bank or third parties. However, in a ground-breaking decision, the Court of Appeal recently departed from its earlier decisions on this matter.