Martreach Logistics Secures Key Procedural Wins in Abuja High Court
The Federal Capital Territory High Court, Apo Division, has delivered two significant rulings in favour of Martreach Logistics Limited in its protracted commercial dispute against Shell Production Development Company, Shell Nigeria Exploration and Production Company, the Nigerian Ports Authority (NPA), and the Attorney-General of the Federation.
The suit, registered as FCT/HC/CV/408/2019, has been before the court for over seven years. Presiding judge, Justice Bello Kawu, ruled on two pending motions, both in favour of the claimant.
The first application, Motion No. M/3507/2026, sought permission for the trial to proceed through virtual hearings using platforms such as Zoom, Skype, Google Meet, or any other communication technology approved by the court, in accordance with the High Court of the Federal Capital Territory Civil Procedure Rules 2025.
The motion was supported by a 15-paragraph affidavit sworn by Ngozi Ugwu and presented before the court by Emeka Obeolu, SAN, alongside Onyeka Osigwe.
Although Justice Kawu observed that the applicant had not provided documentary proof confirming that the relevant witness had travelled outside the country — a requirement usually relied upon in applications for virtual proceedings — the judge held that granting the request would promote the interest of justice.
The court therefore approved the request for remote proceedings, allowing the trial to continue virtually.
In the second application, Motion No. M/4205/2022, Martreach Logistics sought an interlocutory injunction preventing the respondents, their agents, representatives, or associates from interfering with or terminating its appointment as the Dock Labour Employer responsible for providing stevedoring services at the Bonga onshore and offshore terminal.
The contract, according to the application, was awarded through letter reference T.1700/S.4/11/324 dated November 27, 2012, for a 10-year period beginning January 1, 2013.
Martreach argued that the agreement remained valid and enforceable under the Nigerian Ports Authority Act until the conclusion of the substantive suit.
The company also asked the court to restrain the respondents from advertising the contract, requesting new bids, negotiating with other parties, or taking any steps that could reopen the appointment while the dispute remained unresolved.
Justice Kawu granted the injunction, noting that none of the parties before the court had filed objections against the application.
Court records revealed that the matter returned to the FCT High Court after an interlocutory appeal filed by the fourth respondent was resolved by the Court of Appeal on January 30, 2026, allowing proceedings before Justice Kawu to continue.
At the resumed hearing, two pending applications filed by Martreach Logistics were awaiting determination — one filed in 2026 requesting virtual proceedings and another from 2022 seeking protection of the stevedoring contract.
Because the 2022 application was filed earlier and had not been challenged by any respondent, the court considered it first.
During proceedings, counsel representing the first and third respondents were absent, while lawyers for the second and fourth respondents did not oppose the injunction request.
The court subsequently granted the order restraining interference with the contract, describing the application as unopposed.
The application for virtual proceedings received stronger opposition.
While some respondents again failed to appear or file responses, the fourth respondent submitted a five-paragraph counter-affidavit and written address urging the court to reject the request.
The second respondent, however, left the decision to the discretion of the court.
Despite the objection, Justice Kawu ruled that the broader interest of justice supported allowing the trial to proceed remotely.
The judge held that although travel documentation for the witness had not been presented, that omission did not outweigh the need to ensure that the case moved forward efficiently.
With the two rulings, Martreach Logistics secured a significant procedural advantage as the seven-year dispute continues before the Abuja High Court.
