By Godwin Oritse
A Rivers State High Court has ordered the Nigerian Ports Authority (NPA) and International Container Terminal Services Nigeria Limited (ICTSI Nigeria Limited) to suspend all activities relating to Berth 12 at the Federal Ocean Terminal (FOT), Onne Port Complex, pending the determination of applications before the court.
The order was issued on 17 July 2026 by the High Court sitting in Port Harcourt in Suit No. NHC/1/CS/2025, instituted by Deep Offshore Services Nigeria Limited against the NPA and ICTSI Nigeria Limited.
Counsel to the claimant, Mr. Ama Etuwewe, SAN, disclosed that the court directed all parties to maintain the status quo by staying all actions relating to the subject matter of the suit until it delivers its ruling on the pending motions after the court’s vacation.
According to Etuwewe, the order is intended to preserve the existing condition of Berth 12 pending the hearing and determination of the applications, which have been adjourned until 23 September 2026.
He explained that, by the court’s directive, no party is permitted to execute any lease agreement, grant fresh rights or interests, undertake construction works, take possession of the facility, commence any form of development, or engage in any activity capable of altering the current status of Berth 12 until the court rules on the pending applications.
He also issued a strong warning to investors, financial institutions, contractors, prospective lessees, buyers, government agencies and other stakeholders to refrain from entering into any transaction involving Berth 12 while the court order remains in force.
Etuwewe warned that any lease, assignment, financing arrangement, memorandum of understanding, sale, sublease or similar transaction executed in breach of the subsisting order could be declared null and void and would confer no legal rights or protection on the parties involved.
He further noted that any deliberate violation of the court’s directive could expose individuals or organisations to contempt proceedings, with the attendant legal consequences under Nigerian law.
The senior advocate urged members of the public and all stakeholders to comply strictly with the court order and avoid any dealings concerning Berth 12 until the pending applications have been determined or the order is varied by the court.
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