Deep Seaport: Court overrules objection against ruling on interlocutory injunction

The Federal High Court sitting in Warri, Delta State and presided over by Hon. Justice Shittu Abubakar, has overruled an objection to the ruling on interlocutory injunction sought by Fedude Zimughan leading two other counsels purportedly on behalf of Gbaramatu people in Warri South- West Local Government Area.

Hon. Justice Shittu Abubakar rejected the objection on the premise that the Plaintiffs, Chief Ayirimi Emami, Itse Elijah Wilkie, Mike Okoturo, Pastor Emiko Fregene and Samuel Pirah on behalf of Ugborodo Community through their Counsel Chief E.L Akpofure (SAN) were seeking the interlocutory injunction against the naming of the Deep Seaport in Escravos, Warri South-West after Gbaramatu and that the Defendants are: the Federal Government, Attorney  General of the Federation and Minister of Justice, Nigeria Port Authority, NPA, Delta State Government and the Delta State Commissioner of Justice.

The Presiding Judge, Hon. Justice Shittu Abubakar who also adjourned ruling on the interlocutory injunction to later this week, with a promise to communicate same to parties in the suit, quipped that motion for joinder will be given after ruling on the interlocutory injunction.

Our Correspondents report that only Counsel to the Nigeria Port Authority, NPA, M.O. Maduakolam was represented in court at today’s (Tuesday July 7, 2015) hearing, while the other four defendants in the interlocutory suit were conspicuously absent.

Fedude Zimughan had applied to be joined in the suit as second set of defendants, claiming the application for interlocutory injunction sought by the Plaintiffs will “one way or the other infringe violently on the rights of the parties seeking to join in the case”.

Counsel to the Nigeria Port Authority, M.O Maduakolam in his submission, posited that the prayer by the Plaintiffs was speculative and had no evidence.

According to him, they adduced no evidence that the Deep Seaport would be named after Gbaramatu, adding that the naming of projects of such magnitude is the prerogative of the Federal Ministry of Transport.

Chief Akpofure, in his submission declared that the argument of NPA Counsel supporting his Clients’ position that the Deep Seaport has not been named after any Community.

Apart from F. Zimughan, D.J. Atotuomah, apparently representing another Itsekiri interest also applied to join in the suit. 

It would be recalled that indigenes of Ugborodo in Warri South-West Local Government Area, Delta State had prayed the Federal High Court of Nigeria in the Warri Judicial Division holden at Warri to grant Order of Interlocutory Injunction stopping the Federal Government, Attorney General of the Federation and Minister of Justice, Nigeria Port Authority, NPA, Delta State Government and the Delta State Commissioner of Justice (all defendants) from naming the Deep Seaport in Ugborodo after Gbaramatu pending the determination of the substantive suit.

In a motion on notice brought pursuant to Order 28 rule 1 and Order 26 rule 1 of the Federal High Court in Suit no: FHC/WR/86/2015, the Ajuwaoyiboyami aka Akulagba of Warri Kingdom, Chief Ayirimi Emami, Labour Party Delta South Senatorial Candidate in the March 28, 2015 general elections, Itse Elijah Wilkie, Mike Okoturo, Pastor Emiko Fregene and Samuel Pira on behalf of Ugborodo community, asked the court to declare that “the proposed naming of the Deep Seaport sited in Ugborodo land between Madangho and Ubefan” is “wrongful, against public policy, unconstitutional, illegal and therefore null and void.”

The plaintiffs through their Solicitor, Chief E.L. Akpofure (SAN) also prayed the court to compel the defendants, “to remove the name Gbaramatu” from the nomenclature of the Deep Seaport project and to replace it with Ogidigben or after any of the communities in Ugborodo land in its Itsekiri name and not Gbaramatu.

In a 20-minute submission Wednesday July 1, 2015 before Hon. Justice Shittu Abubakar of the Federal High Court, Warri, Chief E.L. Akpofure (SAN) posited that the naming of the project does not affect the execution of it, hence the defendants cannot be said to be prejudiced.

According to him, naming of projects like Petroleum Training Institute after Warri before it was changed to Effurun and Delta Broadcasting Service, DBS, Edjeba, earlier named DBS Warri caused unrest and as such the plaintiffs do not want renewed hostilities between the Ijaws and Itsekiris, hence the Interlocutory Injunction to stop the Deep Seaport from being named after Gbaramatu.

He stressed that allowing the defendants to name a Seaport sited in Ugborodo after Gbaramatu will amount to “sowing a seed of discord and disharmony between Ugborodo people and their Ijaw brothers/sisters,” insisting that it “is done in bad faith and actuated by malice.”

Hon. Justice Shittu Abubakar in his declaration had given the defendants five days from Wednesday, July 1, 2015 to respond to prayer of the plaintiffs and fixed Tuesday July 7, 2015 for motion of hearing on the Interlocutory Injunction.

Our Correspondents report that PDP Chairmanship Candidate for Warri South-West Local Government in the last Delta State Local Government election, Hon. Weyinmi Omadeli, a President of Itsekiri National Youths Council, INYC, Comrade Esimaje Awani and some indigenes of Ugborodo were in attendance at the court.

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