Case Review: Nimasa v. NLNG & 2 ORS. (2019 Court of Appeal Decision)
On March 29, 2019, the Court of Appeal, Lagos Judicial Division, delivered a judgment in NIGERIAN MARITIME ADMINISTRATION AND SAFETY AGENCY v. NIGERIA LNG LIMITED & 2 ORS.1, an appeal involving the apex body/agency for the development, regulation and administration of the maritime sector in Nigeria and a key stakeholder in the Nigerian oil and gas industry (the “CA Decision”).
The CA decision set aside the judgement of the Federal High Court (“FHC”) which exempted the Nigeria LNG Limited (“NLNG”) from levies imposed on it by the Nigerian Maritime Administration and Safety Agency (“NIMASA”), among other things, solely on the grounds of lack of fair hearing. The CA Decision emphasizes the importance and effect of fair hearing in any proceedings conducted by a court of law and/or tribunal. It is for this reason that we shall be considering the relevant facts in succeeding sub-heads and providing our analysis of the case, based on the facts and the holding of the Court of Appeal.