Court fixes March 14 for ruling in suit over Eko Atlantic project

Three contractors handling the Eko Atlantic Project had urged the Federal High Court to dismiss a suit seeking to stop it.

The plaintiff, Mondinvest Ltd, is demanding N2 billion in general damages for the alleged damage of its property due to the defendants’ activities.

National Daily reports that the defendants : M.V. Breughel (sister vessel to M.V. Congo River), the Master of the M.V. Breughel and Dredging Environmental and Marine Engineering NV, are contending that the plaintiff lacks jurisdiction to file the action.

The plaintiff filed the admiralty case, known as in rem proceedings, for alleged coastline and property damage caused by M.V. Congo River and MV. Breughel.

They are currently engaged in dredging operations in the Kuramo Waters in furtherance of the Eko Atlantic project.

Arguing their notice of preliminary objection on Wednesday, the defence counsel, Mr Ken Okwujiako, urged the court to dismiss the suit for want of jurisdiction.

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“Our position is that the plaintiff, not being owners of the Kuramo Waters coastline, has no basis for demanding damages.

“The Kuramo Waters belong to the Federal Government. It is our view that the plaintiff has not stated any right it has over Kuramo Waters whatsoever,” he said.

He said that the defendants were agents of a disclosed party, which had already provided a guarantee in case of any damages.

“We urge your lordship to strike out this suit. At the appropriate time we shall bring an application for cost,” Okwujiako said.

The counsel to the plaintiff, Mr Adedolapo Akinrele (SAN), said that his client’s property on the Kuramo Waters was damaged through the dredging.

“It is clear that the plaintiff has suffered damages and is still suffering damages as a result of the dredging,” he said.

Akinrele prayed for an interlocutory order restraining the defendants from continuing with the dredging, sand-filling of the Kuramo Waters pending hearing and determination of the suit.

He urged the court to preserve the res (subject-matter of the suit), saying his client was only concerned about a narrow, disputed and protected part of the water.

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Justice Mohammed Yunusa had granted an order of arrest and detention of the vessels, which were later released upon the presentation of a N3.7 billion bank guarantee in accordance with admiralty procedure.

Among other reliefs, the plaintiff was praying the court to determine whether the necessary permits set out for the Eko Atlantic Project by the Federal Ministry of Environment had been obtained.

After listening to arguments, Justice Jude Dagat, who took over from Justice Yunusa, adjourned the suit till March 14 for ruling.