The Supreme Court has ruled in favor of the National Port Authority (NPA) in a case involving a group under the banner of the Executive and Work Committee of the Consolidated Leave Employees and Beneficiaries of the ALICO Pension Fund vs the NPA, a release said.
According to the release, an opinion dated July 4, under the signatures of the full bench of the Supreme Court, cited lack of legal and factual merits in the case and that the informants suffered waiver and laches by waiting for 14 years before attending to their alleged grievance rather than pursuing same when the Supreme Court handed down its opinion and judgement as prescribed by law in such cases.
The thesis of the July 4th opinion in favor of the NPA follows arguments and contentions advanced by the parties in the High Court’s Chambers during the March Term of Court.
The informants had prayed the Court to set aside the 1998 opinion handed down by the Gloria Musu Scott’s full bench, which discharged the NPA from all liabilities of the ALICO funds.
The bill of information now dismissed by the Court’s full bench was filed by and through counselors Theophilus C. Gould (now deceased) and Fredie R. Taylor, Jr., of Kemp and Associates legal consultancy claiming US$7 million.
But NPA’s In-House Counsel Dexter Tiah, Sr., argued that the informants should have filed for re-argument within three days after the opinion of the Gloria Musu Scott bench of 1998 which is by law.
The respondent prayed the court to have the bill of information dismissed, arguing that it was “untimely and without legal or factual merits.”
The Clerk of Court has therefore been ordered by the full bench to have the case stripped off the docket – since the attached costs have been adjusted against the informants.
Meanwhile, NPA Acting Managing Director Celia Cuffy–Brown has described the High Court’s judgment as a landmark legal victory for the Weah-led government, and a milestone accomplishment for the NPA.