First Deep Water Company Wholly Discontinues Case of Illegal Berthing Against MT Ayodeji

First Deep Water Company

OpenLife Nigeria reports that a Lagos lawyer Barrister Ikechukwu Ukadike has filed an application before a Federal high court in Lagos, on behalf of a Vessel MT AYODEJI,to set aside an order of the court directing him to provide security of USD100,000.00 (One Hundred Thousand US Dollars) and N10,000,000,000.00(Ten billion Naira) within 24 hours failure of which a warrant of arrest will be issued against the Vessel.

However after filing the application to discharge the order,the plaintiffs in the case Ecobank Nigeria Limited and First Deep Water Nigeria Limited have filed a notice of discontinuance.

Defendants in the case are Petroli Energy Marketing, Supply Limited,Shellplux Nigeria Limited and M M T Ayodeji.

In the said application,Mr Ukadike while urging the court to set aside the order or discharge it unconditionally, stated four grounds thus:

The Court had no jurisdiction to grant the said prayers of the Plaintiffs. 

The Plaintiffs cause of action is a simple contract and not an admiralty action under the relevant laws. 

The Plaintiff concealed and/or suppressed vital and material facts when they applied for the order to be made which was subsequently granted on the 19th day of June 2024.

The third Defendant vessel M T Ayodeji is not owned by the Petroli Energy marketing supply limited and shellplux Nigeria limited who are 1st and 2nd Defendants) but an entirely different entity.

There is no privity of contract between the Plaintiffs and the Vessel

In an affidavit sworn to by Mr. Efe Ogaga, a litigation manager in the, law firm of Queen Ukadike & Associates, counsel to M T Ayodeji and base on the
information derived from CAPTAIN OWOLABI MARTINS the managing director of OWOLMART MARITIME COMPANY LIMITED (the owners of MT AYODEJI) stated that:

After being served with the order of the court M T. Ayodeji was puzzled by the said orders which inter alia directed it to provide security for USD100,000.00 (One Hundred Thousand US Dollars) and N10,000,000,000.00(Ten billion Naira) within 24 hours failure of which a warrant of arrest will be issued against the Vessel.

The Vessel owners did not hire, rent or contract with any party for the berthing of the vessel at the Plaintiff’s jetty/tank farm and had no privity of contract with the Plaintiffs. 

By a Charter Party Agreement dated 23rd May 2024, the Petroli Energy Marketing and supply limited chartered the ship for carriage of petroleum product.

It was the responsibility of the said charterer to arrange jetty/harbor where its cargo will be discharged and all such arrangements were to be on charterers account.
It is not true that the Ship or her owners illegally berthed the vessel at the Plaintiff’s jetty.

The Ship is owned by OWOLMART MARITIME COMPANY LIMITED as clearly shown on the certificate of registry duly issued by the Nigerian Maritime Administration and Safety Agency (NIMASA)

That as at the 13th of June 2024 when this suit was commenced and subsequently the 19th of June 2024 when the order was made,the voyage evidenced by the above charter party agreement had since ended,the cargo fully discharged and the vessel departed.

The Plaintiffs maliciously joined the Ship and secured an order against her to provide security for an unsubstantiated sum of ten billion naira for alleged trespass to property and USD 100,000 for alleged “illegal berthing” whereas the Plaintiffs know that these allegations against the Ship are false as the Ship was never involved in any berthing arrangement nor trespassed the Plaintiffs property as alleged.

Consequently, if the said order of 19th June 2024 is not immediately vacated it will work irreparable hardship on the Ship who will be exposed to 3rd party actions from other charterers who have already chartered the ship and the ship will be losing a daily hire sum of USD 60,000.00 (Sixty Thousand Dollars) excluding dally expenses of maintaining the ship when she is under arrest and idle.

Immediately,after this application to set aside the order was filed,the counsel to the plaintiffs file a notice of discontinuance and wholly discontinue the suit in its entirety against the defendants.

The application filed on behalf of M T Ayodeji by Barrister Ikechukwu Ukadike was sequel to an order made by a Federal High Court in Lagos mandating Ikechukwu Ukadike of Queen Ukadike & Associates, solicitors to the owners of the vessel MT. Ayodeji, to furnish the court, and the plaintiffs company and Ecobank Nigeria Limited with a Bail Bond, of USD100,000.00 (One Hundred Thousand US Dollars) and N10,000,000,000.00(Ten billion Naira) within 24 hours failure of which a warrant of arrest will be issued against the ship for alleged illegal berthing of M T Ayodeji, as damages for the flagrant trespass on the facility by the unauthorized discharged of products.

The presiding Judge,Yelim Bogoro, while making the order, said “in the likely event that the lawyer failed to comply with the order within 24 hours upon being served with the order, made the following order : “an order is granted for a warrant of arrest to be issued for the arrest and/or detention of the vessel, MT. Ayodeji with IMO No. 9235701; MMSI: 636018839,operating under the flag of the Federal Republic of Nigeria) currently within Nigerian territorial waters and within the jurisdiction of the court pending the provision of acceptable Bank Guarantee to be issued by any of the following banks, to wit: First Bank Nigeria Plc., Guaranty Trust Bank Pic., UBA Plc., Union Bank Plc. or Zenith Bank Plc., to secure the Plaintiffs’ claim.

An order is granted directing the Admiralty Marshal to seek the assistance of the Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), the Chief of Naval Staff, Nigerian Navy. particularly the Flag Officer Commanding, Western Navai Command, the Flag Officer Commanding, Eastern Naval Command, the Flag Officer Commanding. Central Naval Command, the Flag Officer Commanding and/or the relevant Commissioner of Police, Nigeria Police Force and/or the Force Marine Officer, Nigeria Police Force, to detain the vessel MT. Ayodeji (IMO No. 9235701; MMSI: 636018839)

An order is granted directing the Admiralty Marshal to collect all the original papers of the Vessel, MT. Ayodeji (IMO No. 9235701; MMSI: 636018839) and the seamen books of its crew until the aforesaid vessel is lawfully released from arrest.

“In the event the order is not complied with within the specified time, the Caveator shall be served with the Writ. The Caveator shall also deposit the sum or provide security within 3 (three) days.”

Justice Bogoro made the above orders on June 19, 2024, while granting an application filed and argued by Obinna Divine, lawyer to the plaintiffs in this suit.