Sequel to the above orders, Justice Mohammed, after perusing all the processes filed, also made the following orders: “An order is hereby made directing the admiralty marshal with the assistance of Nigerian Navy, and the Harbour Master of Nigerian Ports Authority to arrest and detain the Cargo of 150,000 Barrels of Crude Oil herein sued as 1st defendant/respondent and currently on-board MT Tamara Tokoni IMO: No. 8302131 currently lying being and situate at Western Niger Delta OML 120 Offshore Nigeria or any other location within the territorial waters of Nigeria and within Jurisdiction of this Honourable Court, be arrested and remain under arrest pending further orders or further directions of this Honourable Court.
“An order is hereby made directing that the Cargo of 150,000 barrels of Crude Oil herein sued as 1st defendant/respondent and currently on board MT Tamara Tokoni IMO 83o2131 currently lying being and lying and situate at Wester Niger Delta OML 120 offshore Nigeria of any other location within the territorial water of Nigeria and within the jurisdiction of this Honourable Court be released from arrest only upon the payment of all sums claimed in the wnt of summons into Court or pending the provision of an acceptable Bank Guarantee to the Deputy Chief Registrar of the Honourable Court, in the sum of;
“A total sum of USD $1,647,975 million USD, only being unpaid Hire sum due to the Plaintiff from the 2nd defendant for the Hire of the Plaintiff’s Ships: MV Donny & MV Ocean Merit for Provision of Security Surveillances and offshore support services at the 2nd Defendant’s OML 120 located at Western Delta within the territorial waters of Nigeria.
“The sum of $60 000.00 USD, Costs of redelivery of the vessel from to Port Harcourt from Western Nigeria Delta offshore Nigeria to Port Harcourt.
“The sum of $50,000, on the footing of General damages. To be issued by First Bank of Nigeria Plc, Zenith Bank Plc., United Bank for Africa Plc or any other First Class Nigerian Bank acceptable to the applicant.”
Speaking on the Court order, Counsel to the Plaintiff, ThankGod Nwugha Esq, in a statement issued in Lagos on Friday, January 10, 2025, warned all those affected by the Order to comply in their interests.
Meanwhile, further hearing of the matter has been adjourned to January 20, 2025.
In the substantive suit, parts of the plaintiff’s statement of claims read: “that by a Time-Charter party entered into between the plaintiff and the 2nd defendant which took effect on the 26/09/2023 and was further extended with an addendum on 18/12/2023, 26/01/2024 and 08/04/2024 respectively. According to the said Charter party, the plaintiff deployed its vessels, MV Donny, MV Ocean Merit, and MV Miss Wealth, for the purpose of security surveillance, pilotage and salvage operations and sundry offshore support services in aid of the exploration and production of the 1st defendant by the 2nd defendant, which 1st defendant received, stored and managed as described in paragraph 3 above. The plaintiff pleads and shall rely on a copy of the Charter Party and the addendum, constituting the legal framework of its relationship with the 2nd defendant at trial.
“The three aforementioned vessels were deployed at different times in alternative. The said services rendered by them to the 2nd defendant all took Place at the Gulf of Guinea, 60-75 Kilometers offshore the coast of Nigeria in the Western Niger Delta at OML 120 within the territorial waters of Nigeria.
“The duration of the services rendered by the plaintiff’s vessels aforesaid spanned between 23/11/2023 and 08/04/2023 up till sometime in June 2024 when the plaintiff withdrew its services owing to the 2nd defendant’s habitual breach of payment obligations.
“The hire, which was stated in box 9 of the charter party to be for a duration of an initial 30 days subject to extension, provided for redelivery, upon termination at Port-Harcourt and for a daily rate of $UDS 7,300 all-inclusive except for Taxes and VAT.
“Payment obligations on the part of the 2nd defendant, as at when due, were often observed in the breach in a manner that rendered the entire contract a fiasco and prompted the plaintiff’s withdrawal of its services in June 2024.
“As of the time of the plaintiff’s withdrawal of services, a total sum of USD$1,647,975 (One Million, Six Hundred and Forty-Seven Thousand Nine Hundred and Seventy-Five United State’s Dollars) taxes and VAT inclusive, had accrued and remain unpaid by the Plaintiff despite several demands and importunities. The above outstanding sums, totalling USD1,647,975 (One Million, Six Hundred and Forty-Seven Thousand Nine Hundred and Seventy-Five United States Dollars), were duly invoiced and sent to the defendant on different occasions.
“The above figures are duly reflected in the invoice Nos. 001, 002, 003, 004, 005, 006 and 007 respectively. The plaintiff pleads and shall rely on all the said invoices at trial.
“The continuous failure, neglect and or refusal of the 2nd defendant to pay the said outstanding hire, which is due to the plaintiff, is having a crippling effect on the plaintiff’s operations and thus with a resultant unacceptable financial disability to the plaintiff.
“By agreement of plaintiff of both the plaintiff and 2nd defendant and by custom and convention, all outstanding daily rates as must have accumulated in the course of hire ought to be defrayed before off-hire of any of plaintiff’s vessels.
“In an apparent move to dodge its payment obligations and spring itself from liability, in regard to the said outstanding sums due to the plaintiff as stated in paragraphs 11 and 12 above, the 2nd defendant hurriedly off-hired the Plaintiff’s vessel, MV Miss Wealth and refused to redeliver her to Port-Harcourt, Nigeria as stipulated in Box 9 of the governing Charter-Party. The plaintiff was left in the lurch to bear the burden of redelivery of the vessel from the 2nd defendant’s OML 120 at Western Niger Delta offshore Nigeria to Port Harcourt at a whooping cost of $60,000.
” Following persistent requests from the plaintiff, the 2nd defendant sent several emails promising on each occasion to defray the outstanding indebtedness as per paragraph 11 and 12 above but only relapsed into its usual contractual perfidy. Given the antecedents of the 2nd defendant, there is a high possibility that it would not ordinarily pay the plaintiff for the said services rendered except by the order of this Honourable Court.
“The plaintiff pleads and shall rely on electronic copies of email trials between the plaintiff and 2nd defendant as it relates to the 2nd defendant’s contractual derelictions and the certificate of compliance with Section 84 of the Evidence Act.
“The 2nd defendant’s failure to discharge all payment obligation due has resulted in untold hardship and avoidable financial quagmire to the extent that the plaintiff is presently unable to discharge its financial obligations to its several employees, statutory agencies and business collaborators.
“Wherefore the plaintiff claims against the 1st and 2nd defendants jointly and severally as follows: a total sum of $1,647,975 (One Million, Six Hundred and Forty-Seven Thousand Nine Hundred and Seventy-Five United State’s Dollars) only being unpaid Hire due to the plaintiff from the 2nd defendant for the Hire of the plaintiff’s Ships: MV DONNY & MV OCEAN MERIT for Provision of Security Surveillances and offshore support services at the 2nd defendant’s OML 120 located at Western Delta within the territorial waters of Nigeria.
“A total sum of USD$60,000.00 (Sixty Thousand United States Dollars) Cost of redelivery of the vessel from Western Niger Delta offshore Nigeria to Port-Harcourt.
“The sum of $50,000 (Fifty Thousand United States Dollars) on the footing of general damages.
“The sum of $60,000 (Sixty Thousand United States Dollars)
“Interest on the said principal sum at the rate of 21% per annum and other direct and incidental losses together with interest of 15% on the judgment sum from the date of judgment until the entire sum is fully and completely liquidated.”
