Terminal Operators to Refund N150b

Terminal Operators to Refund N150b
Olisa Agbakoba, SAN

The Sea Terminal Operators Association of Nigeria (STOAN) members were advised by Messrs. Femi Atoyebi to continue with their normal business activities of charging and collecting illegal charges after a Federal High Court in Lagos Has ruled contrary to that effect.

Resulting in an application directing the Terminal Operators to comply with the judgment and with immediate effect refund the sum of N150b illegally collected in disobedience of the judgment.

In a press release submitted from the Babatunde Ogungbamila Chambers, Messrs. Femi Atoyebi SAN/Ayo Olorunfemi has erred in their claim that the Terminal Operators have the license to continue with the collection because the dismissed application for stay of execution of the judgment has been refilled at the Court of Appeal.

The release further stated that the supreme Court, in Okafor V. Nnaife(1987)4 NWLR (P.64) 126 at138 has held that a party whose conduct has been declared illegal in a judgment is not entitled in the law to a stay which will empower him to continue with the illegality pending an Appeal.

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