IGP, Olukayode Egbetokun, (in set above).
By Advocatenewsng.com
AN admiralty lawyer, Barrister Nelson Otaji, who is the counsel to a limited liability company, EBENCO GLOBAL LINK LIMITED has raised concern and complained to a Federal High Court sitting in Warri, Delta State, how Nigeria Police is meddling in the affairs of a vessel arrested by the order of the court over a claim of $1,102,950 USD.
The Police has sent invitation to the Managing Director of EBENCO GLOBAL LINK COMPANY, OLUWAGBEMIGA EBENEZER for interview, while trying to move away the Vessel out of the jurisdiction of the court to unknown destination, under the guise of investigation in a civil matter pending before a court of competent jurisdiction.
In a bid to claim the sum of $1,120,950, owed and due to Ebenco Global Link company, the company sued the Vessel, MT.THOR and three other companies, namely NUJENIX CORP., SUB SEA 9 OCEAN SERVICES LTD, and AMPLIAR RESOURCES LIMITED before the court.
Sequel to the affidavit in support of the motion ex parte deposed to by Chimika Monday, the operation manager of Ebenco Global Link Ltd, and after hearing D.E. Amughen Esq for the Plaintiff, the presiding Judge, Justice H.Nganjiwa ordered, “That the Vessel MT. THOR lying at Ebenco jetty, Koko, Delta State or any other place within the jurisdiction of the Court should be arrested and detained pending the determination of this suit”.
The arrest is to secure the Plaintiff’s claim before the court for the sum of $1,102,950 USD (One Million One Hundred and two thousand, “Nine Hundred & Fitty US Dollars)} being the outstanding berthage due and owed by the Defendants particularly the berthing and anchorage of the Vessel.
The said Vessel shall be released only upon the Defendants providing a bank Guaranty to the Plaintiff to the sum of $1,102,9SOUSD (One Million One Hundred and Two Thousand Nine Hundred & Fifty US Dollars), covering the Plaintiff’s claim before the court.”
Consequently, the Police meddlesomeness in the matter before the court for adjudication is now becoming worrisome.
In a statement of claim filed before the court by Barrister Nelson Otaji, Ebenco Global link limited states that the 2nd Defendant, is the beneficiary and or registered owners of the vessel Mt. THOR and all four Defendants are jointly and severally liable to pay the berthing dues per day to the Plaintiff, for the Monitoring and berthing of the VESSEL MT THOR at Ebenco Jetty Koko, Delta State.
The Plaintiff states that what is due in respect of the said period (27 November, 2022 – April, 2024) berthage dues and charges in the sum of $1,102,.950. USD (One Milhon One Hundred and Two Thousand Nine Hundred and Fifty US Dollars} in accordance with the Plaintiff invoices sent to the Defendants as at the close of business on 30th April, 2024.
The Plaintiff states that the Defendants have failed and or refused to pay the said sum or any part thereof despite its solicitor’s Nelson Otaji & Associates demand letter dated 2nd May, 2024.
The Plaintiff claims that the Defendants failure and or default has occasioned hardship, thereby causing the complainant to suffer damages.
The Plaintiff claims interest at the rate of 21% pursuant to Section 2(3}(u} of the Admiralty Jurisdiction Act from November 30, 2022 until judgment, or sooner payment of the entire claim.
Further, the plaintiff claims against the defendants jointly and severally as follows:
The sum of $1,102,950USD (One Million One Hundred and Two Thousand Nine Hundred and Fifty US Dollars) being the outstanding berthage dues or charges that are due and or owed by the Defendants
particularly on the berthing or anchorage of Mt. Thor at Ebenco Jetty, Koko, Delta State.
An order granting the plaintiff possessory lien over the Mt. Thor lying at Ebenco Jetty, Koko, Delta State pending the payment of the sum of $1,102,950USD (One Million One Hundred and Two Thousand Nine Hundred and Fifty US Dollars being the outstanding berthage dues or charges that is due and or owed by the Defendant as at the close of business on 30th April. 2024 and or any other subsequent prorated berthing dues or charges until judgment.
However, the defendants while denying almost all the averments of the Plaintiff, is counter claiming the sum of N20 million
The Defendants contend that this action is Incompetent and/or discloses no reasonable cause of action against the defendants and should be struck out in their favour.
In further response, the defendants claimed that the purported monitoring and berthing of the MT. THOR at the Plaintiffs Jetty could have been an arrangement between the Plaintiff and the 4th Defendant, AMPLIAR RESOURCES LIMITED to which the Defendants were not a party.
The Defendants deny owing the Plaintiff the sums mentioned in the statement of claim or any other amount as berthage dues and charges and or any other purpose as the Defendants were never
privy to any arrangement from which the purported dues and charges could have arisen.
The Defendants/Counter Claimants hired the services of the law firm Of FBI Legal to Defend the Plaintiff/Counter Defendant’s suit thereby incurring much expenses running into millions of naira.
The counter claimants hereby counterclaim against the plaintiff by asking for an order directing the plaintiff to pay the counter claimants the sun of N20 million as damages and cost of defending the Plaintiff’s suit.
